What is suggested as a limitation of using Dicey's interpretation of the rule of law for comparative purposes?
Understand the Problem
The question is asking for the specific limitation suggested regarding Dicey's interpretation of the rule of law when comparing different legal systems, requiring an analysis of various options presented.
Answer
Dicey's interpretation may not account for complexities in different legal systems.
A limitation of using Dicey's interpretation of the rule of law for comparative purposes is its focus on the absolute supremacy of regular law and its inability to address the complexities and nuances of different legal systems and contexts, particularly in non-common law jurisdictions.
Answer for screen readers
A limitation of using Dicey's interpretation of the rule of law for comparative purposes is its focus on the absolute supremacy of regular law and its inability to address the complexities and nuances of different legal systems and contexts, particularly in non-common law jurisdictions.
More Information
Dicey's concept emphasizes the predominance of law over arbitrary power, which is grounded in the English legal tradition. This may not align well with the legal cultures and traditions of other countries, leading to challenges in comparative legal studies.
Tips
A common mistake is to assume Dicey's interpretation applies universally across different legal systems without considering cultural and jurisdictional differences.
Sources
- Rule of Law and Dicey's Concept and their Criticism - Times of India - timesofindia.indiatimes.com
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