RULE OF LAW
This essay will entail a discussion on the concept of Rule of law that is abstract concept which
means it is theoretically important because there is no proper definition present anywhere.
Different definition is given by different scholars and jurists such as Dicey and Lord Bingham
but it is important to see that they define the rule of law at proper extent or not. It also describes
that how enforcement of rule of law is done by the courts and judiciary has significant role to
implement rule of law because it has an independent decision-making power. Lastly, we will
discuss need and impact of The Constitutional Reform Act 2005 (CRA) and if this act made rule
of law more certain and definite.
Lord Reed defined Rule of law in (R (on the application of UNISON) v Lord Chancellor
[2017]) “as it actually means that everything should be governed by law it is responsibility of
courts to enforce law on state”. Main significance to discuss rule of law is that the constitution of
UK is uncodified and they have no set rules to follow. So, to ensure that the acts of parliaments
are not abused by the people, courts must have to enforce rule of law. In the words of Lord
Hope, “When courts are allowed to impose rule of law, then it is considered as the ultimate
controlling feature that is actually the base of constitution (not only present in UK but followed
all of the democratic states)” (Jackson v Attorney General [2005]).
A. V. Dicey gave three definitions to define the Rule of law that can be criticized by the
Jennings. First definition that is given by the Dicey is that no sentence is imposed if there is no
breach of law as he stated that “no one is punishable or can be allowed to face any obligation
apart from if he clearly breaches the regulations of the law that are recognized as ordinary legal
manner and approves by ordinary courts”. Jennings criticize this element as the ordinary legal
matter is defined as the act of parliament. So, Jennings said that Dicey’ definition does not
clearly describe that those who breaches the law other than acts of parliament such as the
disruption of common law, policies of governments, discretionary powers of executive, violation
of delegated legislation then he will be punished or not.
Second definition is that everyone is equal no matter what is his status or rank so Dicey says that
“no one is superior than the law no matter what are their status, they are subject to ordinary law
of empire, even every minister no matter he is collector of taxes or officer, is under same
obligation for every illegal action that is for any other citizen without any legal justification”. In
This essay will entail a discussion on the concept of Rule of law that is abstract concept which
means it is theoretically important because there is no proper definition present anywhere.
Different definition is given by different scholars and jurists such as Dicey and Lord Bingham
but it is important to see that they define the rule of law at proper extent or not. It also describes
that how enforcement of rule of law is done by the courts and judiciary has significant role to
implement rule of law because it has an independent decision-making power. Lastly, we will
discuss need and impact of The Constitutional Reform Act 2005 (CRA) and if this act made rule
of law more certain and definite.
Lord Reed defined Rule of law in (R (on the application of UNISON) v Lord Chancellor
[2017]) “as it actually means that everything should be governed by law it is responsibility of
courts to enforce law on state”. Main significance to discuss rule of law is that the constitution of
UK is uncodified and they have no set rules to follow. So, to ensure that the acts of parliaments
are not abused by the people, courts must have to enforce rule of law. In the words of Lord
Hope, “When courts are allowed to impose rule of law, then it is considered as the ultimate
controlling feature that is actually the base of constitution (not only present in UK but followed
all of the democratic states)” (Jackson v Attorney General [2005]).
A. V. Dicey gave three definitions to define the Rule of law that can be criticized by the
Jennings. First definition that is given by the Dicey is that no sentence is imposed if there is no
breach of law as he stated that “no one is punishable or can be allowed to face any obligation
apart from if he clearly breaches the regulations of the law that are recognized as ordinary legal
manner and approves by ordinary courts”. Jennings criticize this element as the ordinary legal
matter is defined as the act of parliament. So, Jennings said that Dicey’ definition does not
clearly describe that those who breaches the law other than acts of parliament such as the
disruption of common law, policies of governments, discretionary powers of executive, violation
of delegated legislation then he will be punished or not.
Second definition is that everyone is equal no matter what is his status or rank so Dicey says that
“no one is superior than the law no matter what are their status, they are subject to ordinary law
of empire, even every minister no matter he is collector of taxes or officer, is under same
obligation for every illegal action that is for any other citizen without any legal justification”. In
