Showing posts from August, 2021

“Dicey’s classical definition of the rule of law is now irrelevant.” Discuss.

‘The Rule of Law’ was first popularised by Dicey and encompasses primarily a range of basic principles and values which taken together give stability, rationality and consistency to the rule of those with legal power, thereby ensuring that the government only exercises its power in accordance with the law. However, there is a divergence between those such as Dicey who interpret a formal conception of the Rule of Law as a procedural device addressing the manner in which the law was promulgated and the clarity of the subsequent legislation, and those who espouse a substantive conception which in addition passes judgment on the content of the law. Through the case law, it is evident that although Dicey’s classical definition is certainly not irrelevant, the courts have enforced a broader concept of the Rule of Law consisting of formal and substantive values, which is desirable in that it enables a more sufficient protection of citizens’ rights against arbitrary government action.  As a mi