Rule of law is one of the basic principles of the English Constitution. It is accepted in the Constitution of U.S.A, India, Bangladesh etc. Though Sir Edward Coke was the originator of this concept, but Dicey developed this theory. Now it is popularly known as Dicey's theory of Rule of Law. It is also known as the Traditional concept of rule of law.
According to Dicey, this doctrine has three meanings:
i) Supremacy of Law
ii) Equality before law
iii) Predominance of legal spirit
SUPREMACY OF LAW:
Rule of law in this sense means the absolute supremacy of regular law as opposed to the influence of arbitrary power or wide discretionary power. Dicey says, “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.â€
EQUALITY BEFORE LAW: Dicey states that there must be equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. According to him, there should not be any extra-ordinary tribunals or special courts for officers of the Government and other authorities.
PREDOMINANCE OF LEGAL SPIRIT:Dicey emphasized the role of the courts of law as guarantors of liberty & suggested that the rights would be more secured if they were enforceable in the courts of law than by mere declaration of those rights in a document.
Dicey’s theory of rule of law was never accepted fully even in his days. Many scholars criticized his theory. However Davis gives seven principal meanings of the term “Rule of Law†which is known as Modern concept of Rule of Law. These are as follows:
i) Maintenance of Law & order
ii) Existence of fixed rules
iii) Elimination of discretion where it is not necessary
iv) Following due process of law or fairness
v) Observance of the principles of natural justice
vi) Preference for Judges and ordinary courts of law to executive authorities & administrative tribunals
&
vii) Judicial review of administrative actions.
