Introduction to the Study of the Law of the Constitution (LF ed.)

While not a direct response to Dicey, Hayek’s development of the rule of law stands in contrast to Dicey’s insofar as Hayek argues Dicey is incorrect to say administrative law prevents the rule of law.

This whole book constitutes a re-examination of the Introduction, attempting to develop a more “human” Dicey. One of the issues Walters discusses in the Appendix is how Dicey’s dogmatism toward the end of his life undermines many of his own arguments.

This is the definitive biography on Dicey. Cosgrove places Dicey’s legal and social reasoning within the context of his Victorian upbringing and sensibilities. He also discusses how the Introduction achieved its level of influence so quickly.

In this December 2020 Liberty Matters discussion, economist Judge Glock, constitutional historian Paul Moreno, political scientist Joseph Postell, and legal scholar Michael Greve discuss the impact and influence of Dicey’s critique of the administrative state in the Introduction.

Lino notes a tension in Dicey’s writing: on the one hand, he discusses the need for equality before the law. But he also supported British imperialism. Lino attempts to resolve this tension by exploring how Dicey wrote on the issues of the day.

Leoni examines Dicey’s discussion on the rule of law and administrative law at length in this book. He notes a few errors in Dicey’s reasoning, as well as substantial errors of facts, but generally supports Dicey.