Rule of law as one of the basic principles of the English constitution Essay

Rule of law as whizz of the basic principles of the English constitution - Essay Example check to Dicey (Ibid), the line up of law is one of the central principles of the eight legal systems. He attributed the fol mooing aspects of the regularisation of law.a) Supremacy of law Rule of law kernel the absolute supremacy or predominance of regular law as opposed to the influence of peremptory power or discretionary power. It excludes the existence of arbitrariness of prerogative power or even exclusively-embracing discretionary authority on the part of government. Dicey asserted that the Englishmen were regaind by the law, and the law alone. He denied that in England the government was based on exercise by persons in authority or roomy arbitrary or discretionary powers. (Constitution Law, 8th edition)b) Equality before law According to this doctrine of rule of law, thither must be equality before the law or equal subjection of all classes to the ordinary law of the land admin istered by the ordinary law courts. In England, all persons were subject to one and the same law and there were no extraordinary tribunals or special courts for officers of the government and other authorities. According to Dicey (Ibid) courts argon supreme throughout the state. He criticized the French legal system of Droit administratiff in which there were separate administrative tribunals for ordinary people and civil servants.c) Predominance of legal spirit Explaining the third postul... In m all countries rights are guaranteed by a written constitution while in England it is not so. The rights are the result of judicial decisions in concrete cases which have actually arisen between parties. The constitution is not the line of descent but consequence of the rights of the individuals. (J.J.R. Upadhaya Administrative law, 4th edition)In material sense, the rule of law sets an ideal for any government to achieve. These aspects of rule of law are as under-a) Under rule of law, th e function of legislative is to establish and maintain conditions that uphold dignity of man as an individual.b) Effectiveness of the government capable of maintaining low and order and ensuring sufficient economic and social conditions of life for free society. c) Independence Judiciary.In analyzing the formal and substantive aspects of the rule of law we can say that they are compatible with each other. This can be turn out by the fact that formal aspects as well substantive aspects address the issue of fairness. This fairness is gear towards giving or affording people their rights. They should be heard and protected at all times. Both the aspects of the rule of law aim at affording an individual his independence in terms of his economic stability and his native rights. In this regard both the aspects of rule of law do not conflict with each, but they feat to create certain conditions like political, social, economical, educational and cultural conditions which are essential to the full development of his personality.The rule of law is a dynamic concept which changes with change in social, economic and political values and