DICEY’S THEORY of Rule of Law consists1 of three main principles:
1. Absence of Arbitrary Power or Supremacy of Law: As per Dicey Rule of
law means the absolute supremacy of law and ‘no man is punishable or
can lawfully be made to suffer in body or goods except for a distinct
breach of law established in the ordinary legal manner before the courts of
the land. Dicey was of the view that all individuals whether if he is a
common man or government authority are bound to obey the law. He is of
the view that no man can be punished for any thing else than a breach of
law which is already established. And also that the alleged offence is
required to be proved before the ordinary courts in accordance with
ordinary procedure.
2. Equality before Law: As per Dicey Rule of law, in the second principle,
means the equality of law or equal subjection of all classes of people to the
ordinary law of the land which is administered by the ordinary law courts.
In this sense rule of law conveys that no man is above the law. Even the
Government Officials are under a duty to obey the same law and there can
be no other special courts for dealing specifically with their matters.
3. Constitution is the result of the ordinary law of the land: As per Dicey ,
in many countries rights such as right to personal liberty, freedom, arrest
etc. are provided by the written Constitution of a Country. But in England
these rights are a result of the judicial decisions that have arisen due to the
conflict between the parties. The constitution is not the source but the
consequence of the rights of the individuals.
1 Ardhendu
