![]() The English say: If there are administrative courts, then we are not living under the Rule of law." (p. One of the best essays on Dicey's significance on thinking about the rule of law to political theory, "Dicey and his Legacy" ( Political Theory, 1995) by Julia Stapleton, explores its impact on especially what she calls English liberal-conservative thought.īut it is not impossible that Foucault also read Dicey's Lectures on the Relation between Law and Public Opinion for the very passage in his lecture that elicited the editors' comment is this: "the Rule of law is clearly defined as a state in which the state itself does not organize administrative courts which arbitrate between citizens and the public authorities the Rule of law is a state in which citizens can appeal to ordinary justice against the public authorities. ![]() ![]() Dicey's life (1835-1922) and work is known almost exclusively for the 'rule of law.' I have some amusing, reductive evidence for this claim: the one and only annotation by Foucault on Dicey is the definition of the rule of law (see here). Presumably the annotation was prompted by Foucault's reading and use of Hayek's Constitution of Liberty, where Dicey's Law of the Constitution is treated as a classic (as the editors of Foucault's Biopolitics lectures note in their endnotes 23-25 on p. ![]()
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