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Study On The "introduction To The Study Of The Law Of The Constitution"'s Constitutionalism

Posted on:2011-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:J W MeiFull Text:PDF
GTID:2166360308958277Subject:Constitution and Administrative Law
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Dicey was a famous Constitutional scholar of the England in nineteenth-century, He is known for the groundbreaking research on British constitution.In the" Introduction to the study of the law of the constitution ",Dicey revealed three Basic principles of the British constitution,that are the sovereignty of parliament,the rule of law and the connection between the law of the constitutin and the convention of the constitution,thus made the British constitution which was Chaos to structured and orderly. Specifically, Dicey′s constitutional theory include the view of constitutionalism, parliamentary politics and rule of law. First of all, Dicey defined the constitution as the rules of the exercise of national sovereignty, not only including the law of constitution, but also including the conventions of the constitution. Constitutional scholar′s duty is explainning the truth of the British constitution.His research themes are the law of the constitution ande the connection between the law of the constitutin and the convention of the constitution. Second, Dicey′s view of parliamentary politics is also very special,different from other country′congress,the British parliament is consisting of the house of commons, the house of lords and the Monarch, the sovereignty of parliament must be Consistently exercised by them.Of course, the sovereignty of parliament is a legal sovereignty in fact. And is restricted by multiple factors Inside and outside. Finally,the view of rule of law is the focus of Dicey's theory. Dicey was the first scholar who explained the thought of rule of law Systemmly.He thought that rule of law include three kinds of features. The first of these features is absence of arbitrary power on part of the government ,the second feature is every man subject to ordinaery law ,administered by ordinary tribunals, The third feature is general rules of constitutional law are resule of ordinaery law of the land. Dicey's theory was a Response to the ideological trend in England,and was very Popular by people at that time.When enter into the twentieth century, collectivism Exceeded liberalism. Dicey′s constitutional theory was also be criticized. Be sure, Dicey′s theory had some defects,but they are not to be the obstacle of Inheriting and Carring forward Dicey′s theory. In addition, Dicey′s Analysis is also deserved Reference. In addition, Dicey's analytical method is also a helpful reference. Overall, Dicey's theory does not Outdate in today, we still need to return to Dicey, where to find resources, inspiration and wisdom.
Keywords/Search Tags:Dicey, Liberal Constitutionalism, Collectivism, The sovereignty of parliament, The rule of law
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