The Concept of the Rule of Law by A. V. Dicey and Its Meaning
Концепция верховенства права А. В. Дайси и ее значение
2025-01-01
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A. V. DiceyBritish unwritten constitutionEnglish positivismVenice Commissionrule of law
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Abstract (AI)
developed in the 19th century by A. V. Dicey, the concept of the rule of law is still of interest to legal scholarship, not only for understanding the nature of English positivism of the Victorian era, but also for studying the changes in the unwritten constitution of Great Britain, on the development of which it still has some influ-ence. Moreover, this concept acquires much greater significance in the light of the criticism to which it has been subjected from the moment of its creation to the present day. A tribute to Dicey's concept was the mention of the rule of law in the UN Universal Declaration of Human Rights of 1948 and in the documents of the Council of Europe – the CoE Charter (1949) and the Convention on Human Rights (1950) and in the Report of the Venice Commission (2011).
Key Findings
1
A. V. Dicey developed his rule-of-law concept in the nineteenth century as a significant expression of Victorian English legal positivism.
2
Dicey’s concept remains relevant for analyzing changes in Great Britain’s unwritten constitution, which it continues to influence.
3
The concept has attracted sustained criticism from its creation to the present, increasing its significance as an object of legal scholarship.
4
The rule of law’s broader institutional importance is reflected in its recognition in the 1948 UN Universal Declaration of Human Rights, Council of Europe documents, and the Venice Commission’s 2011 report.
Research Object
A. V. Dicey’s concept of the rule of law
Research Subject
the concept’s significance, influence on Britain’s unwritten constitution, and criticism in legal scholarship
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2025-01-01
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