The Rule of Law

The most influential definition of the rule of law is that of the A.V. Dicey. In his work he defines the rule of law to be composed of three central elements. The first element states that “no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts”. This element is designed to deny to governments any rights to make secret or arbitrary laws, or retrospective penal laws, and to limit the discretionary powers of government” . In order to comply with the requirement, it is stated that the rule must be open, clear, accessible and certain. This is supported by Lord Bingham as he argued that the law must be accessible, clear and predictable as wide discretionary powers would lead to arbitrariness which is against the rule of law. This principle is further illustrated by

The rule of law is treating all persons equally under the law in a society that is not run by any arbitrary power. Everyone is subject to the rules of law, including those in government and court positions; it is consistent throughout society and essential to achieving justice. An example of the rule of law being successfully applied to achieve justice in the

The text book definition of rule of law is simply stated as the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. This in laymen’s terms simply means that power is no-longer the ultimate decider,

Rule of Law Definitions of the rule of law can be blurred unclear at times, the easiest way to define what the rule of law is, is to start by looking at 4 main principles. Firstly it recognises that everyone is accountable under the law, regardless of status or position within society such as politicians and the government it’s

Many have attempted to define the Rule of Law, Lord Bingham set out his view in 8 sub-rules but it was the renowned constitutional theorist Albert Venn Dicey who originally popularised the principle in 1885 when he defined the rule of law in three conceptions. Firstly he stated “that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law” , emphasising on absence of arbitrary power within the government, consequently providing a safeguard to citizen’s rights. Secondly, simply that “no man is above the law” . Dicey goes on to elaborate on this concept; “with us, every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen.” . The third tenet states that the constitution derived from previous judicial decisions, consequently determining the rights of private persons; meaning the constitution holds our rights, but is not the source of

What is meant by “rule of law” is the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.

America focuses on keeping the rich streets clean and the poor streets dirty with a sense of people of color will be placed in poor dangerous neighborhoods with violence and drugs. The news reporters every day file cases of police officers using their power to control and abuse the law by hurting citizens by their image of clothing and color of their skin. In “A Brother’s Murder” a journalist talks about his experience living in a poor neighborhood and how his brother tragically died in a city of crime. No it does not mean it is always out in the public there are cases where officers hide what they did and get away with it. The laws support the officers in their favor in trails depending on the state and how strong the evidence was for the

ESSAY 1 – 150 words The proposed law to strip terrorists of Australian citizenship will have implications for the rule of law in Australia. To support my argument, I will define what the rule of law is in Australia, the impacts it has on Australian legislation and two factors that are

Many bottlenecks block the healthcare sector in Nepal. Although the government has provided a number of

Rule of Law definition from Oxford dictionary- The supremacy of Law is a feature attributed to the UK constitution by Professor Dicey (Law of Constitution, 1885).

The Meaning and Constitutional Significance of the Rule of Law The rule of law means different things to different people. The meaning of the rule of law is a state of order in which events conform

The Philosophy of Law and Justice Ratika Sharma Monday, September 23, 2014 CLU3M1 Miss Dowhaniuk “…No matter how plain a women may be if truth and loyalty are stamped upon her face all will be attracted to her...” Anna Eleanor Roosevelt was born on October 11, 2014 in New York City, New York. She was

INTRODUCTION: Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

AV Dicey's view on the rule of law cannot be ignored because of the lasting influence he has had. Dicey's views were derived from his understanding of the nature of democracy in UK as 'unitary and self-correcting in which the will of the people are expressed through Parliament, and in which Parliament controlled the government. In setting out the rule of law, Dicey considered three distinct elements. No punishment may be inflicted on anyone other than for a breach of the law; irrespective of rank and status, all men are equal under the law; and the rights and freedom of citizen are best protected under the common law.