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Words: | Submitted: Tue Nov 08 2005
... constitutional lawyers today continue to be influenced by his explanation of the term rule of law. Dicey had acknowledged that his work was based on the writings of Hearn, who suggested that the rule of law is an ancient origin and may be found in the literature on the role of the State in society. Hearn's inspiration for his idea lay in the constitution conflicts of the 17th century. King James I claimed royal authority over the law despite much acknowledged advice to the contrary. Dicey's own reasons about the existence of the rule of law depended in large part on the work of Blackstone, Coke and Austin. Dicey recognised the difficulty of resolving the operation of constitutional conventions and the compatibility of parliamentary sovereignty with the rule of law. Dicey believed in the rule of law and the use of conventions as essential mechanisms against abuse, especially of discretionary power. ...
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