Introduction to the Study of the Law of the Constitution

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Various provisions relating to the National Assembly, such as proportional representation (section 57). He later left Oxford and went on to become one of the first Professors of Law at the then-new London School of Economics. There he published in 1896 his Conflict of Laws. [9] Upon his death on 7 April 1922, Harold Laski memorialised him as "the most considerable figure in English jurisprudence since Maitland." [10] Political views [ edit ] An undated photograph of Dicey from the Harvard Law School Library's Legal Portrait Collection Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others [1998] ZACC 17; 1999 (1) SA 374; 1998 (12) BCLR 1458 para 56. The second aspect of Dicey’s conception of the rule of law indicates that in terms of the equality before the law, no man is above the law. Regardless of what an individual’s rank or condition is, he is subjected to the ordinary law of the realm and be bounded to the jurisdiction of the ordinary tribunals. As a result, no matter an ordinary private citizen or a state official breached the same law, they would be treated in the same way. It denoted that the state officials were not given any special privileges or protections from the law of the land. Thomas Fuller had also quoted that “Be you ever so high, the law is above you.”

The Statesmanship of Wordsworth: An Essay. Oxford: Clarendon Press. 1917 . Retrieved 7 April 2018– via Internet Archive. Oliver B, ‘Thailand: return country to democracy and the rule of law’ https://www.icj.org/thailand-return-country-to-democracy-and-the-rule-of-law/ accessed 12 July 2017 Democracy entails that citizens of a state decide on issues concerning themselves and their state. But how this plays out in practice can depend on a model of democracy. Should all citizens vote on every issue? Should representatives be elected to vote on behalf of citizens? If so, how should those representatives be elected and how should they be held to account to citizens? Models of democracy can differ on the answers to these questions. Dicey, Albert Venn (1887). "Speech of Professor Dicey, at the Liberal Unionists' meeting, in the Music Hall, Birkenhead, December 10, 1887". "Daily Post" and "Echo" Offices. JSTOR 60243925.Dicey was educated at King's College School in London and Balliol College, Oxford, graduating with Firsts in classical moderations in 1856 and in literae humaniores in 1858. In 1860 he won a fellowship at Trinity College, Oxford, which he forfeited upon his marriage in 1872. Anna D and Jay C, ‘Why the Rule of Law Matters More Than Ever’ https://rightsinfo.org/explainer-rule-law/ accessed 12 July 2017

Sheppard, Stephen M. (2008). "Dicey, Albert Venn (1835–1922)". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, CA: Sage; Cato Institute. pp.123–134. doi: 10.4135/9781412965811.n77. ISBN 978-1412965804. LCCN 2008009151. OCLC 750831024. Tun Arifin Z, Syarahan Perdana: “Rule of Law and Judicial System” (Institute Integrity Malaysia, Kuala Lumpur 2012)All state arms are bound by a supreme constitution. This includes the state legislature, the arm of government assigned with law-making powers. In a democratic state, this can give rise to what is commonly referred to as the counter-majoritarian dilemma; if a constitution limits the powers of a majority in parliament, then the will of the majority may be thwarted by a pre-existing constitutional rule. This runs counter to a basic premise of democracy that the majority of the people must determine the rules of a state. At the other extreme, if a majority of people can constantly overrule constitutional rules, then the constitution is hardly supreme. If the rules of the constitution could routinely be overridden by Acts of Parliament passed with a majority, the constitution would effectively be rendered meaningless. This could have implications for minority groups that are not represented by the majority in Parliament but whom a constitution seeks to protect. Stapleton, Julia (2001). Political Intellectuals and Public Identities in Britain Since 1850. Manchester University Press. p.27. Meanwhile, the question that does the United Kingdom still upholds the doctrine of rule of law is never ended being debated. The rule of law regulated that laws must not be retrospective. In other words, if a person’s conduct was not an offence when he committed it, he could not be tried for that particular offence. However, this requirement of restricting retrospective effect in the rule of law is being played down as legislation such as War Crimes Act 1991 has retrospective effect. Holmes O, ‘Thai junta criticised as army given sweeping powers of arrest’ https://www.theguardian.com/world/2016/apr/05/thailand-junta-gives-army-sweeping-powers-of-arrest accessed 12 July 2017 Charlotte T, ‘Does Britain still uphold the rule of law?’ https://www.opendemocracy.net/openjustice/charlotte-threipland/does-britain-still-uphold-rule-of-law accessed 12 July 2017