Dicey’s Nightmare: An Essay on The Rule of Law

The British constitutional lawyer A.V. Dicey argued in the nineteenth century that the common law, as administered by superior courts, better ensured government accountability than did written constitutions. Dicey taught us to focus less on constitutional promises and more on the practical effectiveness of judicial remedies. This Article builds on Dicey by offering a comparative […]

Constructive Constitutional History and Habeas Corpus Today

  In her book, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, Professor Amanda Tyler has written a definitive constitutional history of the habeas privilege in the United States.[1] Rather than rehearsing the book’s many virtues, I propose to devote this short Essay to the familiar yet intractable problem of historical […]