Who wrote the book 'Introduction to Law of the Constitution'?
A.V. Dicey
Albert Venn Dicey (4 February 1835 – 7 April 1922) was a British Whig jurist and constitutional theorist. He is most widely known as the author of Introduction to the Study of the Law of the Constitution (1885). The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the London School of Economics, and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", although its use goes back to the 17th century.
Dicey's definition of the rule of law has three parts:
- Supremacy of law: The law must be supreme, and no one, including the government, is above the law.
- Equality before the law: Everyone, regardless of their social status or wealth, is subject to the law.
- Due process of law: Everyone has the right to a fair trial, and no one can be punished without due process of law.
Dicey's definition of the rule of law has been influential in many countries, including India. The Indian Constitution includes a provision that guarantees the rule of law, and the Supreme Court of India has interpreted this provision to mean that the government must be subject to the law and that everyone is equal before the law.
Dicey's work has also been criticized for being too simplistic and for not taking into account the realities of modern government. However, his definition of the rule of law remains an important contribution to the study of constitutional law.
Here are some of Dicey's other contributions to constitutional law:
- The distinction between political and legal power: Dicey argued that there is a distinction between political power, which is the power to make laws, and legal power, which is the power to enforce laws.
- The doctrine of parliamentary sovereignty: Dicey argued that Parliament is supreme in the British constitution, and that no other body, including the courts, can override an Act of Parliament.
- The theory of separation of powers: Dicey argued that the British constitution is based on the principle of separation of powers, which means that the different branches of government should be kept separate from each other.
Dicey's work is still relevant today. His ideas about the rule of law, parliamentary sovereignty, and separation of powers are still debated and discussed by constitutional lawyers and political scientists.
0 Comments