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ZASADA RZĄDOW PRAWA W KONCEPCJI ALBERTA VENN DICEYA. (Polish)
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- Author(s): ZABDYR-JAMROZ, Michał
- Source:
Politeja; 2013, Vol. 23, p311-345, 35p- Subject Terms:
- Source:
- Additional Information
- Alternate Title: The principle of the rule of law in Albert Venn Dicey's theory. (English)
- Subject Terms:
- Subject Terms:
- Abstract: 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. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of Politeja is the property of Ksiegarnia Akademicka Sp. zo.o and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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