Dicey's Rule of Law

Rule of Law

The principle that no person is above the law and that everyone must follow the law as applied by the courts.

Dicey’s Interpretation

In 'An Introduction to the Law of the Constitution,' Dicey defined the rule of law in terms of supremacy of regular law, equal subjection of all to the law, and judicially determined constitutional principles.

Parliamentary Sovereignty

The principle that Parliament has the supreme legal authority and can create or end any law, which can conflict with the rule of law.

Constitutional Conventions

Unwritten rules that govern political practices but are not legally enforceable.

Lord Bingham’s Critique

A modern interpretation of the rule of law, advocating for good governance but recognizing that Parliament can legislate in ways that infringe upon it.

Access to Justice

The principle that individuals should be able to resolve disputes without prohibitive costs or delays.

Judicial Review

The process by which courts examine the actions of government officials to ensure they comply with the law.

ECHR

European Convention on Human Rights, which protects fundamental rights and freedoms in Europe.

Crown Proceedings Act 1947

Legislation that allowed for legal actions against the Crown, subjecting the government to the same legal liabilities as private citizens.

Lord Bingham’s Eight Sub-Principles

A list of principles delineating the components of the rule of law, including accessibility of the law, equality before the law, and protection of human rights.