现代英国法治理论的经典表述--戴雪的法治观及现代批判

1885年英国著名宪法学家戴雪在他发表的<英宪精义>中,第一次明确界定了"法治"的含义.强调了法治原则.认为法治有三种含义.其强调的法治为法律至上、司法独立、司法救济和人人平等守法,并主张贬抑日益扩张的行政权.他的法律哲学理念基本上是洛克式的.他的法治主张受制于当时的时代,至50年代英国宪法学家对戴雪的法治提出质询和批判,但20世纪英国法治理论是对戴雪法治观批判的基础上建构的,后人只能是批判、修补或发展.

Classical Comment upon the Theories of the Rule of Law in Modern Britain--Dicey's Viewpoint and Others' Critique

It was Dicey who was considered to be the first to defined the modern meaning of the rule of law.Dicey's exposition of the rule of law:the absolute supremacy of regular law, equality before the law,the basis of individual liberty and human rights on common law and judges,dependent of justice,the rule of law better than anarchy,government accorging to law.Dicey's views have been criticized since his works was first published under the title.Introduction to the Study of the Law of the Constitution in 1885.But,he expressed the general doctrine of the rule of law on which the modern theories of the rule of law have been developed.