An examination of the Diceyan model of minimal state and government intervention and its application to European law in the 70's.
Written in 2001; 1,780 words; 13 sources; $ 57.95
Paper Summary:
This paper analyzes the Diceyan model as a belief in limited government intervention and how this belief is in direct contrast to the new English law that emerged at the time.
From the Paper:
'The Diceyan model of sovereignty was written within the context of the late 19th century and a belief in limited government and minimum state intervention. The modern 20th century has altered this context with the growth of government intervention and the role of the state; and many critics (before 1972) have stressed the limitations of this theory. Nonetheless, it is testament to the Diceyan model that it remains the classical definition of sovereignty. The UK's signing of the European Communities Act in 1972, however, was without doubt a major legal and political watershed and a challenge to the traditional Diceyan approach. The UK courts have been forced to gradually reconsider the traditional approach and arguably reduce their supremacy."
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