The Law of the Constitution has been the main doctrinal influence upon English constitutional thought since the late-nineteenth century. Dicey’s rule of law consisted of three aspects or principles [ 1] : No man is punishable or can be lawfully made to suffer in body or in goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. Dicey 1. 1.1. The three principles are : 1. Sub-rule 3:  The law must apply equally to everyone, unless differences can be justified. 1.3. Essentially, the rule of law indicates that no one is above the law. Registered Data Controller No: Z1821391. In deciphering A.V Dicey's comment on the rule of law, it is imperative to establish a sound understanding of the concept of the rule of law. CRITICAL ANALYSIS OF DICEY’S RULE OF LAW 2. However, this requirement of restricting retrospective effect in the rule of law is being played down as legislation such as War Crimes Act 1991 has retrospective effect. No person, irrespective of his position whether he is a common man or government authority is bound to obey the law. One of the high profile cases was that the current Prime Minister, Najib Razak had violated the constitutional provision by his action of immediate and instant sacking of the Attorney-General, Abdul Gani who had been investigating him and planned to bring charges against him as there were leaked confidential documents which claimed that money from the 1MBD (Malaysia’s state investment fund) went into his personal bank accounts. This means that the Sovereign cannot punish people arbitrarily. The term rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. The Rule of Law a Doctrine whereby every person no matter who they are must obey the law, there is no leniency for a person because of their peerage, sex, religion or financial standing. Dicey’s theory of Rule of Law consists of three basic principles (i) The supremacy of law– Dicey believed that Rule of Law stands for absolute supremacy of law. Second, the supremacy of legislation means that no other constitutional body, including the courts, can question it. Rule of Law AV Dicey, Introduction to the Study of the Law of the Constitution (1885) - said that the rule of law means 3 things; the predominance of law over the influence of wide discretionary arbitrary prerogative powers means that any individual may be liable or punished for a breach of law and nothing else; everyone is equal in the eyes of the law; the principles of British constitutional law do not … Rule of Law : Englishmen are ruled by the law, and by the law alone; a man with us may be punished for a breach of law, but can be punished for nothing else. The principles it expounds are considered part of the uncodified British constitution. THE CONCEPT OF RULE OF LAW ACCORDING TO AV DICEY Law has one single purpose, to establish principles that facilitate equal treatment of human beings and ensuring social stability. The defendants broke into his house and seized his papers under the warrant authorized by the Home Secretary. By taking all the above discussions into account, it is undeniable that the rule of law is an essential element of constitutionalism and upholding the democratic system of government. Legislation must be written in clear language so that people can understand it, and must be, Legislation must not be retroactive so as to outlaw something done in the past which was not, The law must be consistent in both substance and application so that there is nothing, Laws must be able to be obeyed without undue hardship. Therefore, from this reasoning, it is possible to argue that. Secondly, Lord Bingham’s sub-rule 5 of the rule of law declared that people must be able to resolve legal disputes without having to pay a huge and unaffordable cost. Absolute supremacy of Law 2. Thus, it is undeniable that there will be a lot of people who could not afford the fees in order to seek for justice. Liberty Fund’s edition of Dicey’s most famous work on English constitutional law in which he defended the idea of the sovereignty of parliament under an independent judiciary and the rule of law. Disclaimer: This work has been submitted by a law student. After Thailand’s absolute monarchy had been replaced by the constitutional monarchy on 1932, the military and technocrats had made up Thai bureaucracy leaving hardly any space for discussing stability of law and civil liberties. Nonetheless, even if Malaysia as a democratic country should uphold the doctrine of the rule of law, the current ruling party ‘Barisan Nasional (BN)’ continues to show that the already fragile rule of law in Malaysia is being threatened as the ruling party is very awful in standing by the rule of law. And yet Dicey was forced to acknowledge that imperial rule at times required arbitrariness and formal inequality at odds with the rule of law. Thus, in the countries which having a written and supreme constitution, the judiciary or the courts are given the responsibility and right to review executive and legislative actions if any unconstitutionality is spotted. If alive today, Dicey would have solid grounds to have pride in the role that his first two rule of law principles have had in influencing political developments over the past one hundred years. As a contrast, it is undoubted that the United Kingdom has been doing better in upholding the rule of law than Malaysia even though none of the countries around the world is perfect in upholding the doctrine. The basic features of Rule of Law as per Dicey: a) Law does not recognise any special rights for any individual or group of individuals. av dicey rule of law 3 principles is important information accompanied by photo and HD pictures sourced from all websites in the world. The first of these is that if someone is to be arrested or fined, these punishments should be given on the basis of law in the ordinary courts rather than through discretion or the arbitrary views of royals or politicians. It is undeniable that the United Kingdom’s performance in upholding the rule of law is considered outstanding among the 113 countries. Equality and liberty are also essential features of the rule of law. AV Dicey’s view on the rule of law cannot be ignored because of the lasting influence he has had. Rule of law According to Prof. Diccy, rules of law contains three principles or it has three meanings as stated below: 1. Equality before law 3. 3 A.V. By adopting a positive approach and dynamically interpreting the constitutional provisions, the courts have ensured that the Rule of Law and respect for citizens’ rights do not remain only on paper but are incorporated in spirit too. 5. People who are in government job have different law from ordinary citizens and the rule of law is equal for everyone whether he is Prime minister of India or a normal clerk working in an office. The May 2014 military coup in Thailand had been criticized by the Lord Chief Justice and urged Thailand to restore democracy and the rule of law. Sub-rule 2: Questions of legal right and liability should generally be decided by   application of the law and not the exercise of the discretion. If there is no relation between the government and the judges, there will also be none benefit given to the judges which drives them to act in the favor of the government. 4. The law is no... 3. All law should be prospective, open and clear. Legislation must be stable and not subject to over-frequent revisions. Both House of Lords and House of Commons are important to ensure that the government is abiding by the rule of law and the proposed legislation is not in the breach of the rule of law. 2. means that any individual may be liable or punished for a breach of law and nothing else; everyone is equal in the eyes of the law; the principles of British constitutional law do not originate in higher constitutional codes (such, as in countries like the US), but from the ordinary law that deals with the rights and obligations, R v Rimmington (2006) - Lord Bingham said that conduct that is forbidden by law should be clearly, expressed so that individuals know that their actions are wrong before they do it and that nobody, should be punished of committing a criminal offence when it was not a criminal offence when it was, Sharma v Brown-Antoine (2007) - Lord Bingham and Lord Walker said that the rule of law requires, that the law is even-handed and apply to all in the same way (with the exceptions of legal immunity, Von Hayick, The Road to Serfdom (1944) - argued that the state should maintain the rule of law with, as little arbitrary intervention as possible. The modern literature on the rule of law is, as noted above, extensive and diverse. Which was the first principle? You can view samples of our professional work here. The issue on whether the practice of the rule of law is still effective in the United Kingdom had been raised once again. Supremacy of the Law: For the laws made to govern the actions of government and people to work very well, it must... 2. The state as a whole must be regulated by law. The independence of the judiciary should be free from any pressure or interference of the government in order to uphold the justice. The notion of the rule of law can be traced back to at least the time of Aristotlewho observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. Supremacy of Law First, Parliament is the supreme law-maker, entitled to formulate and pass any law that it wishes. Free resources to assist you with your legal studies! The independence of the judiciary must be guaranteed and it is the responsibility of the government officials to respect the judicial independence. The defendants who were the King’s messengers were given the order to “search for the John Entick and send him together with his private papers” by Lord Halifax as he was suspected of seditious libel in criticizing the government. Thomas Fuller had also quoted that “Be you ever so high, the law is above you.”. There were still a number of high profile cases which concerning the ineffectiveness of the rule of law in Malaysia. Dicey expanded upon earlier work by putting together three principles. Company Registration No: 4964706. A. Dicey’s Theory of the Rule of Law Dicey wrote that the rule of law had ‘three meanings, or may be regarded from three different points of view’.12 First, the expression means ‘the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power’.13 He further opined: Whereas the rule of law is still the one of the very important principles regulating in common law countries and common law derived countries modern laws has denied some of the important parts of rule of law as proposed by Dicey at the start of 19th Century. ABSTRACT. To further certify this issue, the global ranking of Thailand in The World Justice Project Rule of Law Index 2016 was 64th. Since then, legal aid is simply not available to most types of cases. That laws must not av dicey rule of law 3 principles allowed officials were not given any special privileges or protections from the law law... 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