On Dicey's Idea Of The Rule Of Law

As a famous British public lawyer,Albert Venn Dicey put forward the concept of the "rule of law" explicitly and made remarkable contributions to the development of the rule of law in Britain and the world.Although Chinese scholars have studied Dicey's theory of the rule of law,they have never stopped and achieved fruitful results.However,looking at the existing research results,most of them just only focus on one aspect of the thought of the rule of law.At present,there is short of comprehensive research paper concerning the thought of the rule of law.The purpose of this paper is to make a comparatively comprehensive and thorough study of Dicey's thought of the rule of law on the basis of the existing research results of the academic circles.The structure of this article is divided into introduction,three chapters and conclusion,five parts in total.The introduction mainly narrates the origins and significance of the topic,the research methods and objects and the general situation of research at home and abroad.The first chapter,Dicey's discussion on the rule of law: a text-based restatement.Dicey's theory of the rule of law is a monument that later generations of rule of law researchers can not bypass.All of the researchers will make an interpretation of this theory before studying it.This article is without exception.This chapter mainly uses the method of text analysis,and restates Dicey's theory of the rule of law.This chapter includes three sections: rule of law means "the rule of common law ",rule of law and administrative law,and rule of law and parliamentary sovereignty.It is intended to pave the way for the subsequent narration.The second chapter,Dicey's concept of rule of law: based on the interpretation of the times.Any thinker lives in a particular era,and therefore any idea is made with the mark of a particular era.Therefore,the study of Dicey's theory of the rule of law should also return to Dicey's era,this chapter aims to make an interpretation of Dicey's thought based on the times.In other words,the main content of this chapter is to explore the background and causes of Dicey's concept of rule of law.This chapter is divided into two sections,the formation of individualists and the Victorian style and features.The third chapter,the influence of Dicey's rule of law: the study based on academic history.There is no doubt about the existence of the influence of the rule of law of Dicey.However,it is an issue worth further studying on where the influence is reflected in.This chapter is designed to explore this issue.This chapter is divided into four sections,respectively: the impact on Dicey himself,the impact on the British administrative law,the impact on the British constitution and the contribution to the idea of the rule of law.The conclusion part,nearly a century has passed since the Dicey's era,we still need to study Dicey.What is the reason? Briefly speaking,this is because Dicey's ideas,especially the theory of the rule of law,have a ground-based influence on the development of public law(not just constitutional science but also administrative jurisprudence)and the development and study of the rule of law in later generations.In other words,later generations and even the countries around the world have been developed on the basis of Dicey's concept of the rule of law;his theory of the rule of law is also of great significance to China today,unless we entirely reject Dicey's legal theory itself,Otherwise,no matter what version of the theory of the rule of law needs to seriously deal the questions Dicey proposed.