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The principles it expounds are considered part of the uncodified British constitution. [3] He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the LSE Law School, and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", [4] although its use goes back to the 17th century.
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 ...
Albert Venn Dicey described the rule of law as acting in three ways: the predominance of regular law as opposed to the influence of arbitrary power; equality before the law; and, that constitutional laws are not the source but the consequence of the rights of individuals. [2]
1. The Legislative and the Rule of Law; 2. The Executive and the Rule of Law; 3. Criminal Process and the Rule of Law; 4. The Judiciary and Legal Profession under the Rule of Law. The committees set up during the congress were each dedicated to one of the four themes with the Working Paper providing the basis of the discussions.
Iain Stewart, "Men of Class: Aristotle, Montesquieu and Dicey on 'Separation of Powers' and 'the Rule of Law'" 4 Macquarie Law Journal 187 (2004) Iain Stewart, "Montesquieu in England: his 'Notes on England', with Commentary and Translation" (2002) Alec Stone Sweet, Governing with Judges: Constitutional Politics in Europe (2000) ISBN 978-0-19 ...
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 the UK is descended from the international Treaty of Union between England and Scotland in 1706/7 which led to the creation of the "Kingdom of Great Britain".
Rigid constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. [1]A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws "cannot be changed in the same manner as ordinary laws."