Red Light Theory of Administrative Law (A. V. Dicey)

A.V. Dicey

Legal scholar known for his principles of the rule of law, which underpin administrative law

How many administrative law principles does Dicey have?

3

Dicey principle 1

No Punishment Except for Breach of Law

No Punishment Except for Breach of Law

State authorities cannot impose punishment, restrict rights, or limit freedoms unless authorized by explicit law

Dicey principle 2

Equality before the law

Equality before the law

Every individual, regardless of rank or authority, is subject to ordinary law and courts

Dicey principle 3

Constitutional law derived from judicial decisions

Constitutional law derived from judicial decisions

Right derived and developed from court interpretation and application

Dicey’s opinion on Conseil d'État

Rejected its separate system opposed to empowerment of courts

Core tenets of Dicean model

Regular law supremacy

Legal backing required

Equality before ordinary courts

Dicey’s stance on discretion

Rejects, fearing abuse of power or illogical rulings

Realist critique of Dicean model

When courts enforce statutory boundaries, executive uses its legislative controls to legitimise their actions

Political and functional critique of Dicean model

Operating a social state requires significant administrative discretion and Dicey’s opposition to discretion creates friction

Systemic failures of Dicean model

Judicial bias against state action

Attenuation of electoral accountability

21st c. rule of law v. Dicey

Redefines Dicey's model by recognising necessity of and legistimising discretion