"Modern Englishmen may at first feel some surprise that the "rule of law" (in the sense in which we are now using the term) should be considered as in any way a peculiarity of English institutions, since, at the present day, it may seem to be not so much the property of any one nation as a trait common to every civilised and orderly state. Yet, even if we confine our observation to the existing condition of Europe, we shall soon be convinced that the "rule of law" even in this narrow sense is peculiar to England, or to those countries which, like the United States of America, have inherited English traditions. In almost every continental community the executive exercises far wider discretionary authority in the matter of arrest, of temporary imprisonment, of expulsion from its territory, and the like, than is either legally claimed or in fact exerted by the government in England; and a study of European politics now and again reminds English readers that wherever there is discretion there is room for arbitrariness, and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its subjects."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Academics from EnglandLawyers from EnglandUniversity of Oxford facultyUniversity of Oxford alumniJudges from England
Original Language: English
Available Languages (1)
Sources
p. 184
https://en.wikiquote.org/wiki/A._V._Dicey
Revision History
No revisions have been submitted for this quote.
Categories
A. V. Dicey
Albert Venn Dicey (February 4, 1835 – April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). The principles it expounds are considered part of the uncodified British constitution.
17 quotes on TrueQuotesView all quotes by A. V. Dicey →
Related Quotes
"Macaulay, Mill and Burke are I believe the three authors to whom as far as I can judge I owe more than to any other t…"
"When a body of twenty or two thousand or two hundred thousand men bind themselves together to act in a particular way…"
"The rule of law, as described in this treatise, remains to this day a distinctive characteristic of the English const…"
"The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus define…"
"Foreign observers of English manners, such for example as Voltaire, De Lolme, Tocqueville, or Gneist, have been far m…"
"Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of…"
"The fact that the most arbitrary powers of the English executive must always be exercised under Act of Parliament pla…"
"All that necessarily results from an analysis of our institutions, and a comparison of them with the institutions of …"
"Acts therefore which would not be justifiable in protection of a person's own property, may often be justified as the…"
"A story told of that eminent man and very learned judge, Mr. Justice Willes, and related by an ear-witness, is to the…"