Restatement And Reconsideration On The Vested Right Theory Of A.V.Dicey

The vested right theory of Dicey is controversial. As early as 30 years of the 19th century, vested right theory had to face the fierce criticisms. Now, the comments on the vested right of Dicey are all about the paradoxical situation of this theory. However, in the original work of Dicey we can find many critical issues that have been neglected, which are the foundations of the vested right theory.We must have a comprehensive and objective understanding of Dicey's theoretical system .He was launched from three aspects : first, in the conflict law or private international law sense, the discussion of the nature of the subject, including the case of a foreign element, the division of the England law, the explain of the ambiguity of "law of a given country" , the time of the emergence of the rules about choice of law is later than the local law ,the reasons for the application of foreign law, the similarities among the rules about choice of law of civilized nations; Second, the appropriate methods for the treatment of conflict of laws, including theoretical method and positive method ;Third, the general principles underlying the rules or maxims which collectively make up the branch of law, including six principles of jurisdiction and choice of law.There are many fierce criticisms on Dicey's theory .These comments include the following aspects.First is Dicey's understanding of the scope of national law is too limited; Second, Dicey does not recognize the extraterritorial law, but only recognize the extraterritorial rights; Third, the recognition of a vested right is not the only the only problem that the conflict laws have to solve ; Fourth, the court generally confirm a foreign right according to the national conflict rules, and this always protest the right that is not recognized by a...