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The Rule Of Law Essay

714 words - 3 pages

The Rule of Law
The rule of law maybe defined in brief as a doctrine that no
individual, however powerful is above the law. In principle Rule of
Law had a significant influence on attempts to restrain the arbitrary
use of power by rulers and the growth of legally enforced Human Rights
in many western countries. It is often used as a justification for
separately legislative from judicial power, this can be clearly seen
within the government structure of the UK.

The Government in the UK is highly centralised and carried out within
a written state – Government power is not confined by a written
constitution or bill of rights. It is said to be both accountable and
responsible. Responsible Government is carried out according to
constitutional conventions, internal, obligations from membership to
the European community and the rule of law. Great significance has
been given to the rule of law, within the UK constitutions legal
writers such as Dicey have tried to explain the rule of law, and in
fact many constitutional lawyers today continue to be influenced by
his explanation of the term rule of law. Dicey had acknowledged that
his work was based on the writings of Hearn, who suggested that the
rule of law is an ancient origin and may be found in the literature on
the role of the State in society. Hearn’s inspiration for his idea
lay in the constitution conflicts of the 17th century. King James I
claimed royal authority over the law despite much acknowledged advice
to the contrary.

Dicey’s own reasons about the existence of the rule of law depended in
large part on the work of Blackstone, Coke and Austin. Dicey
recognised the...

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