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The Rule of Law - 3 Dicey's Princples

Rule of law is a legal concept that implies absolute supremacy of the law. Essentially, the rule of law indicates that no one is above the law. There are 3 principles of the rule of law which had been highlighted by Dicey.

  1. The first aspect indicates that no man is punishable or lawfully made to suffer in body or deprived of their goods unless they had violated the law which has been established in an ordinary way and applied by an ordinary court. There is also an absolute supremacy of law or predominance of regular law over arbitrary power and the state could not act in an arbitrary manner which was unlawful.

  2. The second aspect of Dicey’s conception of the rule of law indicates that in terms of the equality before the law, no man is above the law. Regardless of what an individual’s rank or condition is, he is subjected to the ordinary law of the realm and be bounded to the jurisdiction of the ordinary tribunals. As a result, no matter an ordinary private citizen or a state official breached the same law, they would be treated in the same way.

  3. Common law in the sense that judges make judiciary decisions directly resulted the principles of the constitution which concerning the predominance of legal spirit of the rights of private persons whic Dicey’s believe that the common law affords greater protection to the citizens than a written constitution.


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