What do you understand by the Rule of Law? Enumerate three major principles of the rule of law propounded by Dicey.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
What do you understand by the Rule of Law? Enumerate three major principles of the rule of law propounded by Dicey.
Answer & Explanation:
Rule of Law was developed by British Jurist A.V. Dicey. He derived this term from French Principle ' La principle de legalite ' which means the principle of legality. It states that the government should be governed by Rule of Law instead of Rule of Individual. Any dictator, monarch or one particular person should not govern the functioning of any nation. Each country should follow legality of law. Dicey was highly influenced by the French concept of administrative law' ( droit administratif ) or the 'administrative tribunals' ( tribunauxadministratifs ). According to this, a citizen's lawsuit against a public servant for a wrongdoing done in that capacity will be handled by a special court rather than a regular court of law. Droit administratif contains a regulation that was created by the judges of the administrative court rather than laws and rules created by the French parliament. Three major principles given by Dicey in his book "Rule of Law" are - Supremacy of law: It means that ordinary or regular laws shall remain supreme. Supremacy here means absolute and pre-dominance of regular laws as against arbitrary or wide discretionary powers. Equality before the law: According to Dicey, all classes must be equally subject to the ordinary law of the land as administered by the ordinary law courts. He states that there should be equality between people. According to Dicey, all classes must be equally subject to the ordinary law of the land as administered by the ordinary law courts. It provides that all are equal before law and everyone will be subjected to the same law. The predominance of a legal spirit: Legal Spirit refers to the judicial precedents upon any dispute raised by any individual. The judgment given in any case will be the legal spirit of that particular case. It basically refers to the law as set by the precedents that have evolved over time.
Topics: Jurisprudence
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