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Dicey was also vehemently opposed to women's suffrage, proportional representation (while acknowledging that the existing first-past-the-post system was not perfect), and to the notion that citizens have the right to ignore unjust laws. Dicey viewed the necessity of establishing a stable legal system as more important than the potential ...
The 'rule of law' in Dicey's sense was a political factor that led to the enactment of the Crown Proceedings Act 1947 in the United Kingdom. Before that Act the Crown, that is, the central government, was immune from liability in the courts for breach of contract or for injuries inflicted by its servants.
The term "rule of law" was popularised by British jurist A. V. Dicey, [11] who viewed the rule of law in common law systems as comprising three principles. First, that government must follow the law that it makes; second, that no one is exempt from the operation of the law and that it applies equally to all; and third, that general rights ...
[12] [11] According to Dicey, the rule of law, in turn, relies on judicial independence. [13] In Introduction, Dicey distinguishes a historical understanding of the constitution's development from a legal understanding of constitutional law as it stands at a point in time. He writes that the latter is his subject. [14] However, J. W. F. Allison ...
Dicey identified three essential elements of the British Constitution which were indicative of the rule of law: Absolute supremacy of regular law as opposed to the influence of arbitrary power; [13] Equality before the law; The Constitution is a result of the ordinary law of the land. Dicey's rule of law formula consists of three classic tenets.
Rule by a government under the sovereignty of rational laws and civic right as opposed to one under theocratic systems of government. In a nomocracy, ultimate and final authority (sovereignty) exists in the law. Cyberocracy: Rule by a computer, which decides based on computer code and efficient use of information. This is closely linked to ...
British constitutional theorist Albert Venn Dicey is often associated with the thin conception of the rule of law. The "thin" conception rule of law advocates the view that the rule of law is fulfilled by adhering to formal procedures and requirements, and that the normative content of law concerns substantive legal issue separate from the rule of law.
The concept is exclusive to the UK Parliament and therefore does not extend to the Scottish Parliament, the Senedd and the Northern Ireland Assembly. [2] The traditional view put forward by A. V. Dicey is that parliament had the power to make any law except any law that bound its successors. Formally speaking however, the present state that is ...