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Albert Venn Dicey, KC, FBA (4 February 1835 – 7 April 1922) was a British Whig jurist and constitutional theorist. [1] He is most widely known as the author of Introduction to the Study of the Law of the Constitution (1885). [2] The principles it expounds are considered part of the uncodified British constitution. [3]
Philip Norton wrote in a 1984 book that Introduction was the "most influential work of the past century" on the British constitution. [11] Introduction identifies basic principles of English constitutional law including parliamentary sovereignty and the rule of law. [12] [11] According to Dicey, the rule of law, in turn, relies on judicial ...
British constitutional theorist Albert Venn Dicey is often associated with the thin conception of the rule of law. According to Dicey, the rule of law in the United Kingdom has three dominant characteristics: [57] First, the absolute supremacy of regular law – a person is to be judged by a fixed set of rules and punished for breaching only ...
Dicey noted a difference between the "conventions of the constitution" and the "law of the constitution". The "essential distinction" between the two concepts was that the law of the constitution was made up of "rules enforced or recognised by the Courts", making up "a body of 'laws' in the proper sense of that term."
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]
“The Constitution that Thomas Jefferson signed said the Congress shall have power ‘to exercise exclusive Legislation in all Cases whatsoever, over such District,’” Bishop said.
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.
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.