In limb of his formulation relates to

 In considering this underlying feature of the rule of law it is inevitable to avoid discussing the Dicey’s formulation of the rule of law. Although his formulation was seriously criticized it still remains influential.1 The term “rule of law” is credited to Prof. Albert V. Dicey. Although the origins of the term can be tracked back to the ancient world it might be said that his major work Introduction on the Study of the Law of the Constitution triggered the debate about its meaning2. His interpretation of the meaning of the rule of law can be divided into three key elements. Firstly, he stated that no one can be punished without breaching the law. This element of the Dicey’s understanding of the rule of law clearly illustrates the basic notion of the rule of law i.e. the individual rights must be protected and the government must act strictly in accordance with the regular law3. He excluded the view that the government should be granted with wide discretionary or arbitrary powers. Impartial and independent courts must determine whether the law has been breached. His first aspect also stressed on the role of the courts in maintaining another key doctrine on which the British constitution is said to be based namely the separation of powers. The second limb of his formulation relates to the notion of equality. Everyone is a subject of the law regardless of their social rank. In essence, that aspect of his formulation means that the state officials are also bound by the law – the same law that must protect the rights of the citizens4. Finally, he concluded that the British constitution is a result of the development of the common law and excluded the need of a codified constitution. He believed that the individual rights are best protected by the decision of the courts.5

1 Jeffrey Jowell, ‘THE RULE OF LAW AND ITS UNDERLYING VALUES’ in Jeffrey Jowell and Dawn Oliver (eds) THE CHANGING CONSTITUTION ( 7th Edn,OUP 2015) 14

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2 ibid 12

3 Lisa Webley and Harriet Samuels, Public Law Text, Cases, and Materials (3rd Edn, OUP 2015) 89

4 ibid

5 ibid 90