The Legal View Of Jennings

In the 20th century, England undergone a tremendous social change and many new moments of political events.From Dicey to Jennings, all aspects in the society were in a rapid change.Dicey is a great jurist in the era when he lived in the late 19 century early 20th. <Introduction to the study of the Law of the Constitution> is his masterpiece,in which thre chapter of " Governance of law" is written much carefully.He remarked that it was the main features of the English Constitution."Governance of law"included three aspects below: the supremacy of law, equality before the law and the Constitution was formed in the General Court's decision. However,in the 20th century, British society has undergone great changes: the deepening social and economic intervention in the state,the gradually increasing status of statutory law, the decreasing status of case law, the rapid expansion of executive power and individual liberty by the constraints of the executive power.Especially in World War II,the British believed in the concept of the welfare state,with the implementation of the state of public Collection Campaign.Jennings,in this era, experienced some new political facts, put forward some doubts on Dicey's Rule of Law, found some defects of Dicey theory and proposed his own point of view.He described from three respects of the law and the power, law and equality, law and judicial decisions and other aspects.However,it is undeniable that Jennings still thought Dicey has left a very rich legacy for the British constitution in the 20th century.His discussion on the rule of law and administrative law, whether the circumstances at the time, has become a the mainstream view of British lawyers, judges and other legal scholars.Even those scholars who opposed Dicey, had to admit that they grew up in the shadow of Dicey. But, due to the changing times,while learning from the rule of law of the West, we should find a suitable way for China in conjunction with our own practice.This paper elaborates from five parts:Introduction: describe Jennings' life, point out Jennings'inheritance and development to Dicey's rule of law,and introduce Dicey briefly.Part I: First, explain the meaning of"rule of law"of Jennings,propose constitutional democracy or the rule of law distinct from authoritaria regimes which is not just a synonym for law and order. The rule of law opposes to autocracy in this sense, and also includes more contents. It is an attitude or a representation of the principles of freedom and democracy. It contains such a notion that, in addition to the powers of representative legislative bodies, all government power should be allocated and qualified by a definite law.Immediately afterwards, talk about Jennings'"Rule of Law"and it includes the following aspects: constraints of powers, separation of powers, equality, freedom and democracy.Then describe each part.Part II: Law and Power. This is the first difference of Jennings'"Rule of Law" from Dicey's, so at the start this part will introduce the first meaning of Dicey's "governence of law": the supremacy of law. Jennings had a great challenge for it which lies in three respects as follows: first, Dicey on the "power to be derived from the law " is ambiguous and incomplete; second, explain the diffenerce bewteen"law"and"arbitrary","privilege"; Third, illustrate the relationship of the rule of law and discretion, Jennings thought that it existed the widespread discretion and the power of intervention in the society, and then he denied the conflict of rule of law and freedom Discretion.Part III: Law and equality. This is the second point of difference between Jennings'"Rule of Law"and Dicey's. Dicey held that everyone is equal before the law,but Jennings said: First, the scope of equality was not clear; second,it was exaggerating that the ordinary citizens obey the same rules with government officials; third, it exaggerated the meaning of common law and the ordinary courts.Part IV:Law and Jusicial Dicisions.This is the third difference between the two: many General Principles of the Constitution are often not the result of the law, not all formed in the decision of ordinary court.Dicey held that the General Principles of the Constitution was formed in the ordinary court's decision.The common principles of British Constitution were usually starting in judicial decisions, and judicial decisions in civil litigation were involving the private rights because of the prison.All the rules of the Charter were not the source of individual rights,but the effects provided by the court after the implementation of the rights of individuals.However,Jennings was opposed to this,and he tought that many principles were effected through legislation, not formed in the ordinary court's decision that Dicey just said.Part V: The inspiration that Jennings's legal view gives us.