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Dicey was born on 4 February 1835. His father was Thomas Edward Dicey, senior wrangler in 1811 and proprietor of the Northampton Mercury and Chairman of the Midland Railway. His mother was Annie Marie Stephen, daughter of James Stephen, Master in Chancery. Per his own words, Dicey owed everything to the wisdom and firmness of his mother. [5]
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic ...
Recognizes that the Rule of Law is a dynamic concept for the expansion and fulfillment of which jurists are primarily responsible and which should be employed not only to safeguard and advance the civil and political rights of the individual in a free society, but also to establish social, economic, educational and cultural conditions under ...
[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.
Law and order requires the prevention of crime as well as the contribution of authorities. As such, it does not matter by what means these are achieved, or what the characteristics of the law are. This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship.
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.
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director , George Stigler , and Ronald Coase .