One of the basic principles of the English Constitution is the rule of law. This doctrine is accepted in the US and Indian Constitution. The entire basis of administrative law is the doctrine of the Law. Sir Edward Coke, Chief Justice in James I’s reign, was the originator of this concept. In a battle against the King, he maintained successfully that the King should be under God and the Law, and he established the supremacy of the law against the executive. Dicey developed this theory of Coke in his classic work. The Law and Constitution published in the year 1885.
Rule of Law embodies the doctrine of supremacy of law. It is a basic and fundamental necessity for a disciplined and organized community.
Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power …show more content…
In the aforesaid book, he attributed the following three meanings of the said doctrine:- 1. Supremacy of law 2. Equality before law 3. Judge-made Constitution
(i) Supremacy of law:
Explaining the first principle, Dicey stated that the rule of law means the absolutely supremacy of predominance of regular law as opposed to the arbitrary power or wide discretionary power. It excludes the existence of arbitrariness, or prerogative or even wide discretionary on the part of the government. According to him the law and law alone ruled the Englishmen. A man may be punished for a breach of law, but can be punished for noting else. In his words: Wherever there is discretion, there is room for arbitrariness and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its subjects.
As Wade says, “The rule of requires that the government should be subject to the law, rather than the law subject to the