
Zasada rządów prawa w koncepcji Alberta Venn Diceya
Author(s) -
Michał Zabdyr–Jamróz
Publication year - 2021
Publication title -
politeja
Language(s) - English
Resource type - Journals
eISSN - 2391-6737
pISSN - 1733-6716
DOI - 10.12797/politeja.10.2013.23.15
Subject(s) - venn diagram , law , parliamentary sovereignty , constitution , philosophy of law , rule of law , comparative law , political science , parliament , public law , sociology , mathematics , politics , mathematics education
The principle of the rule of law in Albert Venn Dicey’s theory
The aim of this paper is to present the original theory of the English rule of law developed by Victorian‑ era constitutional scholar, Albert Venn Dicey. The uniqueness of this theory will be presented, as well as its historical and doctrinal context, and theoretical implications. Dicey’s legal positivism identifies the rule of law as one of the two basic principles of the English unwritten constitution (together with the principle of sovereignty of Parliament). The rule of law itself consists of three components – the ideas of legal freedom, legal equality and predominance of the legal spirit. The latter is due to the inductive nature of the British constitution and in practice results in a strong emphasis on the institutional guarantees of the rule of law. The second idea – legal equality – in Dicey’s opinion interfered with the concept of administrative law, as it was developed on the European continent thus making it manifestly contrary to the English rule of law.