Wednesday, 14 August 2013

The rule of law

A. V.  Dicey
In 1885, the first edition of A.V. Dicey's An Introduction to the Study of Law of the Constitution was published. This book became one of the most influential works of authority on the British constitution. Dicey described the rule of law as one of the 'twin pillars' of the constitution (the other being parliamentary sovereignty) . He saw the rule (or supremacy) of law as the ultimate source of authority to which all, including the institutions of the state are subject. According to Dicey, rule of law has three main elements:

1.       Nobody should be punished unless they have broken the law. 
2.       The same laws should apply to officials of the state just as to the ordinary people. 

3.  The rights of the individual do not stem from decisions  made by the executive (government), but from judgments made in individual cases by individual judges.

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