The Anglo-American Conception of the Rule of Law by Nadia E. Nedzel & Nicholas Capaldi

Author:Nadia E. Nedzel & Nicholas Capaldi
Language: eng
Format: epub
ISBN: 9783030263614
Publisher: Springer International Publishing

A factor that became increasingly of concern to Dicey was the growth of administrative law . As the socialistically inclined welfare state grew, it created numerous regulatory agencies designed to achieve specific social goals. As a consequence, these agencies had combined executive, legislative, and judicial power, in violation of the concept of separation of powers. Moreover, the ordinary courts were precluded from reviewing these administrative actions.The ancient veneration for the rule of law has in England suffered during the last thirty years a marked decline. The truth of this assertion is proved by actual legislation, by the existence among some classes of a certain distrust both of the law and of the judges, and by a marked tendency towards the use of lawless methods for the attainment of social or political ends [italics added] … Recent Acts have given judicial or quasi-judicial authority to officials who stand more or less in connection with, and therefore may be influenced by, the government of the day … 29

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