Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- 6 The Rule of Law as an Essentially Contested Concept
- 7 The Rule of Law in Montesquieu
- 8 The Spirit of Legality: A. V. Dicey and the Rule of Law
- 9 Michael Oakeshott’s Republican Theory of the Rule of Law
- 10 The Morality of the Rule of Law: Lon L. Fuller
- 11 E.P. Thompson and the Rule of Law: Qualifying the Unqualified Good
- 12 Functions of the Rule of Law
- 13 A Positive Theory of the Rule of Law
- Part IV Pathologies
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
8 - The Spirit of Legality: A. V. Dicey and the Rule of Law
from Part III - Moralities
Published online by Cambridge University Press: 03 August 2021
Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- 6 The Rule of Law as an Essentially Contested Concept
- 7 The Rule of Law in Montesquieu
- 8 The Spirit of Legality: A. V. Dicey and the Rule of Law
- 9 Michael Oakeshott’s Republican Theory of the Rule of Law
- 10 The Morality of the Rule of Law: Lon L. Fuller
- 11 E.P. Thompson and the Rule of Law: Qualifying the Unqualified Good
- 12 Functions of the Rule of Law
- 13 A Positive Theory of the Rule of Law
- Part IV Pathologies
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
Summary
With the publication of his lectures on constitutional law in 1885, A. V. Dicey introduced an account of the rule of law that would have, for better or worse, a powerful influence. His book, Law of the Constitution, is an extended essay on how the law of the English or British constitution is the expression of two basic principles, the rule of law and parliamentary sovereignty. These ideas were not new to English legal writing, but Dicey succeeded with impressive literary flourish to elevate them to the status of the organizing principles of the constitution.
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- The Cambridge Companion to the Rule of Law , pp. 153 - 170Publisher: Cambridge University PressPrint publication year: 2021
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