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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 ]
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.
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 argues, Dicey nonetheless relies on historical facts and examples to bolster his argument. [15]
Albert Venn Dicey: 1853: Constitutional law: Professor at Oxford Professor at LSE popularised the phrase "the rule of law" [13]: 10 ...
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 the law, and is not to be subject to "the exercise by persons in authority of wide, arbitrary, or discretionary ...
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 classic rebuttal or at least qualification is expressed by Albert Venn Dicey, whose 1885 text Introduction to the Study of the Law of the Constitution argues that the will of the electorate must ultimately prevail over any attempt at tyranny: it is "a political, not a legal fact" that fundamental principles of natural justice cannot be denied.
As early as 1897, Albert Venn Dicey proposed an Anglo-Saxon "intercitizenship" during an address to the Fellows of All Souls at Oxford. [36 The American ...