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The Theory Of Rule Of Law Essay

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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 viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles. This paper aims to present Dicey’s formulation of Rule of law; its fallacies ; its applicability in modern times; and Rule of law & The Tinkerbell Effect as analysed by Cameron Stewart. DICEY’S FORMULATION OF RULE OF LAW: “Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.) Professor Dicey thus meant Rule of Law as including: i) Absence of arbitrary power (Supremacy of Law) ii) Equality before the law iii) Constitution a consequence of individual‟s rights 1. Absence of arbitrary power (Supremacy of Law): Dicey said wherever there is discretion,
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