Rule of law

• rule of law is a symbolic idea- the main principle is that all people are subject to and accountable to law that is fairly applied and enforced. It is a safeguard against dictatorship.
• Dicey:

  Thought that the rule of law was an important feature that distinguished English law from law in other countries in Europe. He held that there were 3 elements that created the rule of law;

  • absence of arbitrary power on part of the state
  • equality before the law
  • supremacy of ordinary law
• Problems with Dicey's views:

  • it conflicts with another fundamental principle which is parliamentary supremacy, this concept says that and act of parliament can overrule any other law so there should be no arbitrary power on part of the state.
  • laws passed by parliament cannot be challenged through judicial review.