Essay on The Rule of Law

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The Rule of Law The rule of law maybe defined in brief as a doctrine that no individual, however powerful is above the law. In principle Rule of Law had a significant influence on attempts to restrain the arbitrary use of power by rulers and the growth of legally enforced Human Rights in many western countries. It is often used as a justification for separately legislative from judicial power, this can be clearly seen within the government structure of the UK.

The Government in the UK is highly centralised and carried out within a written state – Government power is not confined by a written constitution or bill of rights. It is said to be both accountable
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Dicey had acknowledged that his work was based on the writings of Hearn, who suggested that the rule of law is an ancient origin and may be found in the literature on the role of the State in society. Hearn’s inspiration for his idea lay in the constitution conflicts of the 17th century. King James I claimed royal authority over the law despite much acknowledged advice to the contrary.

Dicey’s own reasons about the existence of the rule of law depended in large part on the work of Blackstone, Coke and Austin. Dicey recognised the difficulty of resolving the operation of constitutional conventions and the compatibility of parliamentary sovereignty with the rule of law. Dicey believed in the rule of law and the use of conventions as essential mechanisms against abuse, especially of discretionary power. Conventions recognised public “morality” which self-limited the power of Parliament. In the absence of any formal doctrine of separation of powers or a written constitution limiting the powers of the executive within the state, the rule of law provided a convenient means to express concern over the uncontrolled powers of a newly enfranchised parliament.

The rule of law is susceptible to a number of different meaning based on value judgements. In it’s broadest sense it maybe viewed as a general political doctrine. The rule of law is both descriptive and

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