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Law and State Power: A Time for Reconstruction

NCJ Number
125497
Journal
Journal of Law and Society Volume: 17 Issue: 2 Dated: (Summer 1990) Pages: 234-241
Author(s)
S Sedley
Date Published
1990
Length
8 pages
Annotation
This article reviews the role of law in restricting the power of the State in Great Britain.
Abstract
It argues that public law in Great Britain can still be used by the courts to restrain the State, even though the political left and some critical legal theorists believe the current legal system is used by the central government to erode the rights of citizens. The political left has traditionally been hostile to law, as it believes it is under the control of a judiciary hostile to the left and enforces restrictive laws largely made by the judges themselves. Much critical legal theory has adopted a correspondingly defensive and negative attitude toward law. Historically, this view has ample justification. It errs, however, in not recognizing that the legal system is not uniformly the instrument of a central government eager to have greater control over the citizenry. There are still judges and legislators who have effectively supported and implemented public law in an attempt to construct a State that has enforceable duties to protect people, even against itself. 17 references.