Albert Venn Dicey and His Principles of the Rule of Law

A.V. Dicey is one of the prominent legal and political figures of contemporary times who is celebrated for his outstanding contribution in the fields of comparative constitutionalism and legal philosophy. He is one of those extraordinary scholars whose theories are studied and analyzed for the times to end as they constitute the basic foundation of the entire discipline.

Life and Career

Albert Dicey was a well−known jurist of 19th century England and belonged to a family of intellectuals. His father was a famous journalist and his mother was gifted in numerous languages. Moreover, his siblings and cousins were also well−known scholars of their times.

Dicey’s initial education was home based as his parents believed in the conventional set up, though Dicey later graduated from Oxford with a number of degrees including law and literature.

During the initial stages of his career, he served at the bar and also as a Counsel for the Queen of England, although afterwards he was appointed as Professor for English and Law in the University of Oxford and simultaneously at the London School of Economics.

Dicey was influenced by Jeremy Bentham’s ideas of individualist liberalism, however, his major interests always remained in the British Constitution and frequently changing political conditions of England and its neighbors.

Constitutionalism

Dicey is renowned as an exceptional constitutional scholar of the 19th century for his categorical writing on the concept of parliamentary sovereignty in his widely influential book “Introduction to the study of the Law of the Constitution”.

Dicey formulated his thesis on the basis of his comparative study of different constitutions across Europe and America during his travels as an English government servant. Further, Dicey found that almost all the regimes were, though different in structure, similar in essence and formed an example of constitutional government analogous to that of Britain.

Dicey admired the democratic set up of the United States to a large extent as he considered it the best and the purest form of democracy with all the constitutional morality, and even better than England. Nevertheless, he always appreciated the sovereignty enjoyed by the British Parliament and the power to make and unmake laws for the betterment of English society without any interference by the government and especially the monarchy.

Rule of Law

Dicey universalized the use of the word Rule of Law not only in academics but also in practice by simplifying its basic principles which form s the foundation of any democratic country having a constitution.

Rule of Law literally means a government based on the principles of law. Though for Dicey, it contemplated three factors which were −

• There should be supremacy of law meaning thereby that an individual can only be punished in accordance with the law before the ordinary courts of the land.

• There should be equality before the law, which means that everybody including the governmental functionaries would be subject to the dictates of law and everyone is equal in the eyes of law.

• There is predominance of legal spirit which elucidates that all the constitutional principles are determined by the courts during the adjudication of rights and liabilities of parties in a dispute.

Thus, the basic understanding of Dicey was that there should be rule of law which ensures equality among all before the law and equal treatment by law.

The major purpose of Dicey's conceptualization of the idea of Rule of Law was to ensure the liberty of individuals as recognized and granted by the constitution, which would be upheld by the courts in cases of arbitrary power exercised by the executive wing of the government.

Dicey’s Thesis

The following are the thesis:

• Introduction to the Study of the Law of the Constitution

• A Leap in the Dark, or Our New Constitution

• England's Case against Home Rule

• The Privy Council: The Arnold Prize Essay

Conclusion

A. V. Dicey is a prominent personality in the legal, political and constitutional philosophy for his outstanding contribution in formulating the ideas of Rule of Law and Sovereignty of Parliament which forms the founding stone of each and every constitutional and democratic government of the contemporary times. Moreover, his thesis is widely accepted and acclaimed across all the intellectual circles along with its severe criticism, however, the principles as enunciated have a significant amount of relevance, therefore, no critical assessment can ever reduce its influence on all the other ideologies.

Frequently Asked Questions

Q: Who was Albert Venn Dicey?

Ans: Albert Venn Dicey was a British jurist, legal scholar, and constitutional theorist known for his significant contributions to the understanding of constitutional law, the rule of law, and parliamentary sovereignty.

Q: What is Albert Venn Dicey best known for?

Ans: Dicey is best known for his influential work "An Introduction to the Study of the Law of the Constitution" (1885), which provided a comprehensive analysis of constitutional law and the principles of parliamentary sovereignty and the rule of law.

Q: What is Albert Venn Dicey best known for?

Ans: Dicey is best known for his influential work "An Introduction to the Study of the Law of the Constitution" (1885), which provided a comprehensive analysis of constitutional law and the principles of parliamentary sovereignty and the rule of law.

Q: Why is Dicey credited for providing a comparative study of constitutions?

Ans: Dicey was one of the first modern scholars who analytically studied the constitutions of different countries across the continent and classified them comparatively under different headings despite their essential similarities with the help of his sharp legal acumen and constitutional expertise.

Q: How Dicey does formulates the principles of the Rule of Law?

Ans: Dicey was majorly influenced by the sovereignty of British Parliament, however he also collectively undertaken the prevalent constitutional practices of America, and came to a conclusion that law should be supreme and the government should also be governed by the law itself so that liberty of and equality among the individuals is safeguarded against any arbitrary use of power.

Q: What is parliamentary sovereignty according to Dicey?

Ans: Dicey's theory of parliamentary sovereignty asserts that the British Parliament is the supreme legislative authority and can make or unmake any law. He argued that no other body, including the judiciary, could override or question parliamentary legislation.

Q: How did Dicey's ideas contrast with the doctrine of separation of powers?

Ans: While Dicey acknowledged the idea of separation of powers, he believed that the British system had a fusion of powers rather than a strict separation. He saw Parliament as the ultimate authority, combining legislative and executive functions.

Q: What was Dicey's perspective on constitutional conventions?

Ans: Dicey recognized the importance of constitutional conventions, which are unwritten practices that guide constitutional behavior. He believed that conventions were vital for balancing and ensuring responsible government.

Q: What is Dicey's legacy?

Ans: Albert Venn Dicey's legacy lies in his groundbreaking work on constitutional law and his formulation of key concepts like the rule of law and parliamentary sovereignty. His ideas have left a lasting impact on the understanding of constitutional principles and the nature of government in the United Kingdom and beyond.