Dicey Concept of Rule of Law

ACCORDING TO BRITISH CONSTITUTION:

According to dicey two important characteristics of British constitution or the sovereignty of parliament and the Supremacy or rule of law. Law is above all. None can claim am exception from it. Dicey, in his “law of the constitution”, give three meanings to the rule of law. 

They are as follows:

Absence of arbitrary power on the part of the government: - ''No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. ‘It denotes an absence of arbitrary authority.

Equality of all Persons Before the Law:- The second meaning of the rule of law, according to dicey, is  that, '' every man whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary  tribunals.'' this means that every person is equal in the eye of law. A private individual enjoys the same protection of law as any high official of the state.

The third meaning of the expression rule of law is that the rules of the Constitution are the result of judicial decisions: - Rule of law is that the rules of the Constitution are the result of the judicial decisions determining the rights of private persons in particular cases brought before the courts. They don’t depend for their observance on the constitutional guarantees as in certain Federal constitutions. English constitution is a judge made constitution. With us the law of the constitution, the rules which in foreign countries, naturally form part of a constitutional Code, are not the source but the consequence of the rights of individuals, as defined and enforced by the courts, that, in short, the principles of private law have with us been the action of the courts and Parliament so extended as to determine the position of the Crown and of its servants; thus the constitution is the result of the ordinary law of the land.

EXAMPLE In Great Britain, the rights of the citizens depend on a large number of decided cases which have given shape to the English constitution. There is no right without a remedy or, rather, there is no wrong without a remedy Ubi Jus Ibi medium.

Merit and Demerits of the Dicey Concept:

Merits:

• Help in making limits to the power of administrative authorities.
• A major role in growth and recognition of administrative law.
• Act as a scale for the test of administrative action.
• It reverses the tyranny and anarchy.
• It puts legal barriers to governmental arbitrariness.
• It provides safeguards for the protection of individuals.
• It gives freedom to the judiciary to control executive who exceeds their jurisdiction.
• Public welfare should be the dominant consideration.

Demerits:

• His theory was not fully accepted during that era also.
• Failed to distinguish between discretionary and arbitrary power.
• He misunderstood the concept of Droit administration which was actually successful in France.

Basic features of rule of Law as per Dicey

Criticism on Dicey's concept :-

Sir Ivor Jennings, In the law and the constitution, has criticized dicey's concept that the rule of law was inconsistent with the use of discretionary powers by the reflected, institutions of the family attire, so far as this is practice able.

Jennings also argued strongly that dicey’s second point ignored the particular responsibilities public officials held by virtue of their roles. In addition, he ignored the special immunities certain categories of individuals have, for example foreign diplomats with diplomatic immunity.

Finally, Dicey third point completely ignored the role of statutes in the constitution. Even in respect of the examples he gives- personal liberties and the right of public meeting-- there are many Statues giving white protections and imposing significant constraints.

RULE OF LAW ACCORDING TO ARTICLE 4 OF THE CONSTITUTION OF PAKISTAN 1973:-

Absence of Arbitrary Power on the Part of the Government: - No action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

1. No extra judicial act
2. Due process of law

NO EXTRA JUDICIAL ACT: - 

DUE PROCESS OF LAW: - 

• A person shall have due notice of proceedings which affect his rights.
• He shall be given reasonable opportunity to defend.
• That the tribunal or court before which his rights are adjudicated is so constituted as to give reasonable assurance of his honesty and impartiality
• That it is a court of competent jurisdiction.

NO ONE IS ABOVE THE LAW:-

EQUALITY BEFORE LAW: - 

No person shall be prevented from or be hindered in doing that which isn't prohibited by law.

No person shall be compelled to do that which the law does not require him to do.

RULE OF LAW UNDER AMERICAN CONSTITUTION:-

All Persons, Institutions, and Entities are Accountable to Laws:-Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are:-

• Publicly Promulgated
• Equally Enforced
• Independently Adjudicated
• And Consistent with International Human Rights Principles

The courts play an integral role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups or by those who may hold minority opinions. Equality before the law is such an essential part of the American system of government that, when a majority, weather or acting intestinally or unintentially, infringes upon the rights of a minority the court may see fit to hear both sides of the controversy in court. 

Article 4 of the constitution of Pakistan 1973.

Right of individuals to be dealt with in accordance with law, etc.

To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

In particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

No person shall be prevented from or be hindered in doing that which is not prohibited by law; and

No person shall be compelled to do that which the law does not require him to do.