| 词条 | A. V. Dicey |
| 释义 |
| image =Albert_Venn_Dicey_in_academic_robes.jpg | caption = | birth_name = Albert Venn Dicey | birth_date = {{birth-date|4 February 1835}} | birth_place = | death_date = {{death-date and age|7 April 1922|4 February 1835}} | death_place = | known_for = Authority on the Constitution of the United Kingdom | occupation = Jurist, professor }} Albert Venn Dicey, KC, FBA (4 February 1835 – 7 April 1922), usually cited as A. V. Dicey, was a British Whig jurist and constitutional theorist.[1] He is most widely known as the author of Introduction to the Study of the Law of the Constitution (1885).[2] The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law",[3] although its use goes back to the 17th century. BiographyHis father was Thomas Edward Dicey, senior wrangler in 1811 and proprietor of the Northampton Mercury and Chairman of the Midland Railway. His elder brother was Edward James Stephen Dicey.[4] He was also a cousin of Leslie Stephen and James Fitzjames Stephen. Dicey was educated at King's College School in London and Balliol College, Oxford, graduating with Firsts in classical moderations in 1856 and in literae humaniores in 1858. In 1860 he won a fellowship at Trinity College, Oxford, which he forfeited upon his marriage in 1872. He was called to the bar by the Inner Temple in 1863, subscribed to the Jamaica Committee around 1865, and was appointed to the Vinerian Chair of English Law at Oxford in 1882. In his first major work, the seminal Introduction to the Study of the Law of the Constitution he outlined the principles of parliamentary sovereignty for which he is most known. He argued that the British Parliament was "an absolutely sovereign legislature" with the "right to make or unmake any law". In the book, he defined the term "constitutional law" as including "all rules which directly or indirectly affect the distribution or the exercise of the sovereign power in the state".[5] He understood that the freedom British subjects enjoyed was dependent on the sovereignty of Parliament, the impartiality of the courts free from governmental interference and the supremacy of the common law. In 1890, he took silk.[6] He later left Oxford and went on to become one of the first Professors of Law at the then new London School of Economics. There he published in 1896 his Conflict of Laws.[7] Upon his death in 1922, Harold Laski memorialized him as "the most considerable figure in English jurisprudence since Maitland."[8] Political positionDicey was receptive to Jeremy Bentham's brand of individualist liberalism and welcomed the extension of the franchise in 1867.[9][10] He was affiliated with the group known as the "University Liberals" who composed the Essays on Reform and was not ashamed to be labeled a Radical.[11] Dicey held that "personal liberty is the basis of national welfare." He treated Parliamentary sovereignty as the central premise of the British constitution.[12] Dicey became a Liberal Unionist and a vigorous opponent of Home Rule for Ireland and published and spoke against it extensively from 1886 until shortly before his death, advocating that no concessions be made to Irish nationalism in relation to the government of any part of Ireland as an integral part of the United Kingdom.[13] He was thus bitterly disillusioned by the Anglo-Irish Treaty agreement in 1921 that Southern Ireland should become a self-governing dominion (the Irish Free State), separate from the United Kingdom. Dicey was also vehemently opposed to women's suffrage, proportional representation (while acknowledging that the existing first-past-the-post system wasn't perfect), and to the notion that citizens have the right to ignore unjust laws. Dicey viewed the necessity of establishing a stable legal system as more important than the potential injustice that would occur from following unjust laws. In spite of this, he did concede that there were circumstances in which it would be appropriate to resort to an armed rebellion but stated that such occasions are extremely rare.[14] Bibliography
Biographies
| last = Cosgrove | first = Richard A. | authorlink = | coauthors = | editor = | others = | title = The Rule of Law: Albert Venn Dicey, Victorian jurist | origyear = | month = | url = | accessdate = | edition = | date = | year = 1980 | publisher = Macmillan | location = London | language = | id = | doi = | pages = | chapter = | chapterurl = | quote = }}
| last = Ford | first = Trowbridge H. | authorlink = | coauthors = | editor = | others = | title = Albert Venn Dicey: The Man and His Times | origyear = | month = | url = | accessdate = | edition = | date = | year = 1985 | publisher = Rose | location = Chichester | language = | id = | doi = | pages = | chapter = | chapterurl = | quote = }}
References{{Wikiquote}}{{Commons category|Albert Venn Dicey}}{{wikisource author}}1. ^{{cite journal |last1=Walters |first1=Mark D. |title=Dicey on Writing the "Law of the Constitution" |journal=Oxford Journal of Legal Studies |date=2012 |volume=32 |issue=1 |pages=21–49}} 2. ^{{cite book|url=https://archive.org/stream/lecturesintrodu03dicegoog#page/n14/mode/2up|title=Lectures Introductory to the Study of the Law of the Constitution|last=Dicey|first=A. V.|publisher=Macmillan|year=1885|edition=1|place=London|accessdate=April 5, 2018|via=Internet Archive}}; {{cite book|url=https://archive.org/stream/lawofconstitutio00diceiala#page/n5/mode/2up|title=Introduction to the Study of the Law of the Constitution|last=Dicey|first=A. V.|publisher=Macmillan|year=1915|edition=8|place=London|accessdate=April 5, 2018|via=Internet Archive}} The 8th edition, 1915, is the last by Dicey himself. The final revised edition was the 10th, 1959, edited by E. C. S. Wade: {{cite book|title=Introduction to the Study of the Law of the Constitution|last=Dicey|first=A. V.|publisher=Macmillan|year=1959|edition=10|place=London}} 3. ^Bingham, Thomas. The Rule of Law, p. 3 (Penguin 2010). See Dicey's An Introduction to the Study of the Law of the Constitution, p. 173. 4. ^{{cite book |last=Neale |first=Charles Montague |year=1907 |title= The senior wranglers of the University of Cambridge, from 1748 to 1907. With biographical, & c., notes |page=28 |url=https://archive.org/stream/senoirwranglerso00nealrich#page/28/mode/2up|accessdate=2011-03-04 |publisher=Groom and Son |location=Bury St. Edmunds}} 5. ^{{cite book |last=Williams |first=George |year=2010 |title= Australian Constitutional Law and Theory |page=2 |publisher=The Federation Press}} 6. ^{{London Gazette |issue=26018 |date=28 January 1890 |page=475}} 7. ^{{cite book |last= Dicey |first=A.V. |title=A Digest of the Law of England with Reference to the Conflict of Laws; with Notes on American Cases by John Bassett Moore|place= London |publisher= Stevens and Sons Limited |year= 1896|url=https://archive.org/stream/adigestlawengla01dicegoog#page/n5/mode/2up |accessdate=April 6, 2018 |via= Internet Archive}}; {{cite book |last= Dicey |first=A.V. |title=A Digest of the Law of England with Reference to the Conflict of Laws |place= London |publisher= Stevens and Sons Limited |edition= 2nd |year= 1908 |url=https://archive.org/stream/adigestlawengla00dicegoog#page/n3/mode/2up |accessdate=April 6, 2018 |via= Internet Archive}} 8. ^{{cite journal |last1=Sugarman |first1=David |title=Review: The Legal Boundaries of Liberty: Dicey, Liberalism and Legal Science |journal=The Modern Law Review |date=1983 |volume=46 |issue=1 |pages=102–111}} 9. ^{{cite book |last1=Follett |first1=R. |title=Evangelicalism, Penal Theory and the Politics of Criminal Law: Reform in England, 1808-30 |date=2000 |publisher=Springer |page=7}} 10. ^{{cite book |last1=Saunders |first1=Robert |title=Democracy and the Vote in British Politics, 1848–1867: The Making of the Second Reform Act |date=2016 |publisher=Routledge |page=161}} 11. ^{{cite book |last1=Stapleton |first1=Julia |title=Political Intellectuals and Public Identities in Britain Since 1850 |date=2001 |publisher=Manchester University Press |page=27}} 12. ^{{cite journal |last1=Weill |first1=Rivka |title=Dicey Was Not Diceyan |journal=The Cambridge Law Journal |date=2003 |volume=62 |issue=2 |pages=474–493}} 13. ^[https://www.jstor.org/pss/60243925 Speech of Professor Dicey, at the Liberal Unionists' meeting, in the Music Hall, Birkenhead, 10 December 1887.] 14. ^{{cite web|url=https://archive.org/details/introductiontos04dicegoog|title=A. V. Dicey: Law of the Constitution |publisher=archive.org |date= |accessdate=2011-04-12}} External links
before=John Robert Kenyon| title=Vinerian Professor of English Law| years=1882—1909| after=William Martin Geldart }}{{s-end}}{{Authority control}}{{DEFAULTSORT:Dicey, A. V.}} 15 : 1835 births|1922 deaths|Academics of the London School of Economics|Alumni of Balliol College, Oxford|Scholars of constitutional law|English constitutionalists|English legal scholars|English legal writers|People educated at King's College School, London|Vinerian Professors of English Law|English Queen's Counsel|Members of the Inner Temple|Fellows of Trinity College, Oxford|Fellows of the British Academy|Presidents of the Oxford Union |
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