Rule of Law

The idea of the rule of law can be traced back to at least the time of Aristotle who 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. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. Dicey did not invent the idea of the rule of law but he popularized it in the late nineteenth century. His book, Introduction to the Study of the Law of the Constitution (1885) can be seen as a strong defence of the English constitution when compared with the constitution of other countries, particularly those with written constitution. De Smith states that, ‘His ideas… were very influential for two generations; today they no longer warrant detailed analysis' (Constitutional and Administrative Law, 1998). It is true that Dicey's ideas went out of fashion for a time, but they have now come back into favour, particularly with senior members of the judiciary. Indeed it is now specifically mentioned in sections of the Constitutional Reform Act 2005.

The rule of law generally refers to two elements; firstly, the recognition that the use of governmental powers should be kept in check to prevent infringement upon civil liberties and secondly, the recognition that law and order should be maintained at all times to ensure a stable upon which the government's work may be done. Since United Kingdom has no written constitution or a clear separation of powers, it has a length history of constitutional development during which it can be argued that a balance has been reached between these two elements. Dicey in his book1 defended United Kingdom's system of an unwritten constitution2 and argued that this was a positive gain. Dicey summarized the rule of law under three main principles.

His primary principle concerned the rule of law and discretionary powers. No man could be punished or lawfully