Dicey was named the Vinerian Professor of English Law at the University of Oxford in 1883.[1] He began delivering the lectures that were to become Introduction on 28 April 1884.[2] In a letter to Macmillan on 9 June, he proposed that they be turned into a book.[3] The book was published as Lectures Introductory to the Study of the Law of the Constitution in late 1885.[4] Early reviews were generally favourable.[5]
In the book's third edition, published in 1889, its title was changed to Introduction to the Study of the Law of the Constitution.[6] A seventh edition appeared in 1907.[7] By its eighth edition, published in 1915, a reviewer for the American Political Science Review wrote that Introduction was "accepted as a standard work on the English constitution".[8] Dicey wrote a long introduction to the eighth edition in which he argued that the rule of law had declined in Britain since the first edition of Introduction was published.[9] A ninth edition was published in 1939.[10]Philip Norton wrote in a 1984 book that Introduction was the "most influential work of the past century" on the British constitution.[11]
In Introduction, Dicey distinguishes a historical understanding of the constitution's development from a legal understanding of constitutional law as it stands at a point in time. He writes that the latter is his subject.[14] However, J. W. F. Allison argues, Dicey nonetheless relies on historical facts and examples to bolster his argument.[15]
Allison, J. W. F. (December 2007). "History in the Law of the Constitution". The Journal of Legal History. 28 (3): 263–282. doi:10.1080/01440360701698304. ISSN0144-0365.
Fletcher, Ian Christopher (17 March 2008). "'This Zeal for Lawlessness': A. V. Dicey, The Law of the Constitution, and the Challenge of Popular Politics, 1885–1915". Parliamentary History. 16 (3): 309–329. doi:10.1111/j.1750-0206.1997.tb00579.x.
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Albert Venn Dicey,, usually cited as A. V. Dicey, was a British Whig jurist and constitutional theorist. He is most widely known as the author of Introduction to the Study of the Law of the Constitution (1885). The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the London School of Economics, and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", although its use goes back to the 17th century.
Works of authority on the United Kingdom constitution are books written by constitutional theorists that are considered to be authoritative guides to the UK constitution. The United Kingdom has no written overall Constitution, thus these are guides as to the rules and customs of the land. They can be adopted or overridden by acts of Parliament.
Hans Kelsen was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria, Kelsen left for Germany in 1930 but was forced to leave this university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology.
The Privy Council of Japan was an advisory council to the Emperor of Japan that operated from 1888 to 1947. It was largely used to limit the power of the Imperial Diet.
Mark Victor Tushnet specializes in constitutional law and theory, including comparative constitutional law, and is currently the William Nelson Cromwell Professor of Law at Harvard Law School. Tushnet is identified with the critical legal studies movement.
Frank Johnson Goodnow was an American educator and legal scholar. He was the first president of the American Political Science Association.
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Richard Abraham Primus is an American legal scholar. He currently teaches United States constitutional law at the University of Michigan Law School, where he is Theodore J. St. Antoine Collegiate Professor of Law. In 2008, he was awarded a Guggenheim Fellowship for his work on the relationship between history and constitutional interpretation.
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the Encyclopedia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term rule of law is closely related to constitutionalism as well as Rechtsstaat and refers to a political situation, not to any specific legal rule.
The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles of fairness, morality, and justice. Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted legal rules, still produces results which many observers find unfair or unjust.
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not.
Howard Lee McBain was an American political scientist. He is best known for originating the phrase "Living Constitution," the subject of his 1927 book of the same name.
Fields, Factories, and Workshops is an 1899 book by anarchist Peter Kropotkin that discusses the decentralization of industries, possibilities of agriculture, and uses of small industries. Before this book on economics, Kropotkin had been known for his militant activity in behalf of international anarchism and writings on Siberian geography. Through the book, he sought to connect anarchism with science, based on sociological tendencies. The book was compiled from essays he had published in Nineteenth Century and Forum between 1888 and 1890. The book was first published in 1899 by Houghton-Mifflin (Boston) and Hutchinson (London) to favorable reviews among Britons. It has since been republished in multiple editions: Swan Sonnenschein (London) and Putnam in 1901, 1904, 1907, 1909, and Nelson (London) and Putnam in 1913 and 1919. Reproductions of the first and second editions appeared in 1968. A later edition, edited by Colin Ward for Harper & Row, released in 1974 with more contemporary illustrations as Fields, Factories and Workshops Tomorrow.
Lucius Jefferson Barker was an American political scientist. He was the Edna Fischel Gellhorn Professor and chair of the political science department at Washington University in St. Louis, and then the William Bennett Munro Professor of Political Science at Stanford University. He was an influential scholar of constitutional law and civil liberties, as well as race and ethnic politics in the United States. He published works on civil liberties in the United States and systemic racism. He was also involved with several presidential campaigns, and he wrote books about the Jesse Jackson 1984 presidential campaign, for which he was a convention delegate.
David E. Wilkins, a citizen of the Lumbee Nation, is a political scientist specializing in federal Indian policy and law. He is the E. Claiborne Robins Distinguished Professor in Leadership Studies at the Jepson School of Leadership Studies in the University of Richmond. He studies Native politics, governance, and legal systems, with a particular focus on Native sovereignty, self-determination, and diplomacy. Wilkins was a student of Vine Deloria Jr., coauthoring two books with Deloria and writing a book about his intellectual impact.
Gautam Bhatia is a scholar of constitutional law and science-fiction author from India.
Charles Henry Huberich was an American lawyer and scholar of international law.
William Paul McClure Kennedy was a Canadian historian and legal scholar.
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