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AV Dicey and the Rule of Law

AV Dicey and the Rule of Law

A.V. Dicey was an influential legal scholar who played a key role in the development of the rule of law in England. The rule of law is a fundamental principle of democratic societies that holds that all individuals and institutions are subject to the law, and that the law must be applied equally and impartially to all. Dicey's understanding of the rule of law was based on three key principles:

The supremacy of the law: According to Dicey, the law is supreme and is above all individuals and institutions, including the government. This means that no one is above the law, and that all individuals and institutions are subject to the same legal rules.

Equality before the law: Dicey believed that the law should be applied equally and impartially to all individuals, regardless of their status or position in society. This means that everyone should have the same rights and be subject to the same legal rules, without discrimination or favouritism.

The role of common law: Dicey believed that the common law was a key part of the rule of law, as it represented the accumulation of legal principles and precedents over time. He argued that the common law provided stability and predictability in the legal system, and that it was essential for protecting individual rights and freedoms.

Dicey's ideas on the rule of law have had a significant impact on legal thinking and practice in England and other common law countries. The rule of law is now recognised as a fundamental principle of modern democracies, and is seen as essential for ensuring justice, accountability, and the protection of individual rights and freedoms.

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