Th is book has been written during my tenure of a Leverhulme Major Research
Fellowship, 2010–2012, and I am very grateful for the opportunity for uninterrupted
research and refl ection that the Fellowship provided. I am indebted to many friends
and colleagues for their help and advice during this period, but most especially to
John Allison, Peter Cane, David Dyzenhaus, David Feldman, Andrew Hillam,
Jeff King, Stuart Lakin, Nick McBride, Alistair Mills, Nigel Simmonds, and Mark
Walters for kindly reading and commenting on particular chapters. Andrew Hillam
has generously read many chapters and given me invaluable advice on making my
text more readily accessible to undergraduates as well as more experienced scholars.
I am also grateful to Alex Flach and Natasha Flemming at Oxford University Press
for their effi cient and friendly assistance.
I have learnt much from the critical literature provoked by my previous writings
on constitutional theory and public law. My critics have prompted me to think
harder about my own conception of common law constitutionalism (as it is usually
called); and I have taken the present opportunity to respond to their objections
when it has seemed helpful to do so in order to advance or clarify my argument.
My principal aim has been to explore some basic questions of method in the analysis
of public law, attempting to lay bare the theoretical grounds of some of the major
debates and controversies within the subject. I hope at least to clarify the jurisprudential
roots of my own position, in respect of many of these controversies, even if
I fail to bring all readers round to my own conclusions.