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.

The separation of powers

The theory of the separation of powers was first put forward by Montesquieu, a French political theorist in the 18^th century.  The theory states that there are 3 functions of the state: 

• The Executive (government) have strict authority and responsibility to administer the law. 
• The Legislative (parliament)  make the laws and are also authorised to raise taxes and other money bills.                                
• The Judiciary (the judges) apply the law

Why should they be separate? 

• To stop one arm from gaining absolute power and abusing the power they are given. 
• To allow each arm to become more specialised. 
• To stop bias decisions being made (e.g. if a judge makes a law and then tries a case dealing with this law, he may make the wrong decision because of the opinion that has already been made.