Rule of law was developed by British Jurist A.V. Dicey, which he gave in his book "Rule of Law". Discuss.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Rule of law was developed by British Jurist A.V. Dicey, which he gave in his book "Rule of Law". Discuss.

Answer & Explanation:

Rule of Law by A.V. Dicey: The concept of 'Rule of Law' was developed by the British Jurist A.V. Dicey, which he elaborated in his book "Introduction to the Study of the Law of the Constitution" (1885). Dicey derived this term from the French principle 'La Principe de Legalite', which means the principle of legality. It essentially states that the government should be governed by the law, not by the arbitrary will of individuals or rulers. Every nation, including its government, should adhere to the legality of law. Dicey's concept of the Rule of Law is based on three major principles: Supremacy of Law: This principle means that ordinary or regular laws shall remain supreme. It implies the absolute predominance of regular law as opposed to the influence of arbitrary power or wide discretionary authority. No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. It excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Equality before the Law: According to Dicey, all classes of people must be equally subject to the ordinary law of the land as administered by the ordinary law courts. This means that there should be no special rights or privileges for any person, regardless of their rank or status. Everyone, from the highest official to the lowest citizen, is subject to the same law and the same courts. It ensures that justice is administered impartially and without discrimination. Predominance of a Legal Spirit: This principle refers to the judicial precedents upon any dispute raised by any individual. Dicey believed that the general principles of the Constitution (like the right to personal liberty, freedom of speech, etc.) are the result of judicial decisions determining the rights of private persons in particular cases brought before the courts. In England, the rights of individuals are not guaranteed by a written constitution but by the ordinary law of the land, which is enforced by the courts. The legal spirit, therefore, refers to the law as set by the precedents that have evolved over time through judicial pronouncements. In essence, Dicey's Rule of Law advocates for a government of laws, not of men, ensuring legal certainty, equality, and protection of individual liberties through an independent judiciary.

Topics: Administrative Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic