According to Dicey (Ibid), the rule of law is one of the cardinal principles of the eight legal systems. He attributed the following aspects of the rule of law.
a) Supremacy of law: Rule of law means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or discretionary power. It excludes the existence of arbitrariness of prerogative power or even wide discretionary authority on the part of government. Dicey asserted that the Englishmen were ruled by the law, and the law alone. He denied that in England the government was based on exercise by persons in authority or wide arbitrary or discretionary powers. (Constitution Law, 8th edition)
b) Equality before law: According to this doctrine of rule of law, there must be equality before the law or equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. In England, all [persons were subject to one and the same law and there were no extraordinary tribunals or special courts for officers of the government and other authorities. According to Dicey (Ibid) courts are supreme throughout the state. He criticized the French legal system of Droit administratiff in which there were separate administrative tribunals for ordinary people and civil servants.
c) Predominance of legal spirit: Explaining the third postul...
In many countries rights are guaranteed by a written constitution while in England it is not so. The rights are the result of judicial decisions in concrete cases which have actually arisen between parties. The constitution is not the source but consequence of the rights of the individuals. (J.J.R. Upadhaya Administrative law, 4th edition)
In substantive sense, the rule of law sets an ideal for any government to achieve. These aspects of rule of law are as under:-
a) Under rule of law, the function of legislative is to establish and maintain conditions that uphold dignity of man as an individual.
b) Effectiveness of the government capable of maintaining low and order and ensuring sufficient economic and social conditions of life for free society.
c) Independence Judiciary.
In analyzing the formal and substantive aspects of the rule of law we can say that they are compatible with each other. This can be proved by the fact that formal aspects as well substantive aspects address the issue of fairness. This fairness is geared towards giving or affording people their rights. They should be heard and protected at all times. Both the aspects of the rule of law aim at affording an individual his independence in terms of his economic stability and his fundamental rights.
In this regard both the aspects of rule of law do not conflict with each, but they endeavour to create certain conditions like political, social, economical, educational and cultural conditions which are essential to the full development of his personality.
The rule of law is a dynamic concept which changes with change in social, economic and political values and
The term rule of law refers to the principles of legality which refers to a government based on principle of law and not of men (J.J.R, Upodhaya, Administrative law, 4th edition, 2001). Therefore the rule of law is opposed to arbitrary powers.
Sir Edward Coke, the chief justice in James 1's reign is said to be the originator of this great principle…
The author states that the important feature of the British constitution is that it has no written constitution, which lends flexibility and discretion to the judiciary in taking decisions. Parliamentary sovereignty is the main feature of British constitution. Though the constitution is unwritten in one single document, it is not entirely unwritten.
A graduate of Balliol College in Oxford, Dicey would proceed to become one of the chief constitutional scholars of his time and Oxford’s Vinerian Professor of the English Law. Though the phrase rule of law dates back to the 17th century, Dicey played a pivotal role in popularising it.
These three consist of (i) The Ministry of Justice, which is concerned with the magistrates' law courts, the Appeals Courts, the Crown Court, the National Offender Management Service, and the Legal Services Commission (ii) The Home Office under whose jurisdiction are the police
Dr. Herman H.H. van Erp (1999) claims that democracy must "legitimize itself by an appeal to some conception of the common good and not by majority interests. Nevertheless, it requires an implementation of the common good through some kind of majority rule"2.
Thomas Paine said:
“[A] constitution is not the act of a government, but of a people constituting a government, and a government without a constitution is power without right….a constitution is a thing antecedent to a government; and a government is only the creature of a constitution”.
UK despite amending its constitution umpteen times is still unable to mend its traditional 'rule of law' due to which it has limited boundaries to the 'separation of powers'. UK cannot point to any other country to claim that the country is following UK's constitution.
This is work will explain the nature of British constitution.
Jurispedia (2003) defines a constitution as, "...A set of rules... to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them, and define the relationship between the state and individual."
What is a constitution? Jurispedia (2003) defines a constitution as, "...A set of rules... to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them, and define the relationship between the state and individual."
The British constitution is the set of governing laws and principles in the United Kingdom. This constitution is unlike many of those found in modern day states. It is not a written or codified constitution; it
In addition, it has been of much reference in the corporate disputes that arise world over. It is a rule that has elicited both praise and criticism in equal measure. It however cemented the doctrine of corporate
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