Meaning of “Rule of Law” / exceptions to it under British System and its critic LLB Notes

Meaning of “Rule of Law” / exceptions to it under British System and its critic

Introduction;-

              Rule of Law means the supremacy or dominance of law. The rule of law in England is the outcome of centuries of development. According to Prof. Dicey though there is no separate act in England to guarantee the fundamental rights of the citizens as is the case in U.S.A yet British citizens enjoy maximum liberty due to the rule of law. The very root of English law depends upon the rule of law.

Meanings of Rule of Law.    

Black’s Law Dictionary;-

       Rule of law means “A substantive legal principle”.

According to Bluntly;-

             Rule of law means that it is the law of the England that rules the country and not the arbitrary will of any individual. Law is supreme over all non can claim exemption or immunity from it.

General Meanings.;-

    Rule of law implies that none of the person is above or below the law. All the persons are equal in the eyes of the law. If any person violates the law, he should face the trial of the case in the court.

Dicey’s exposition of the Rule of Law;-

         The English jurist dicey has given an exposition of the conception the rule of law in his book “Law of the Constitution”, first published in 1885. He gave following meanings to this concept.

1)No Arbitrary Punishment;-

     No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established by the ordinary court of land. So all persons accused of an offence should be tried in an ordinary court of law in the ordinary legal manner and no one is to be deprived of his life, liberty and property.

2)Before Law Equality (Every One is Equal in the Eye of Law);-

       Secondly, rule of law implies that in United Kingdom every citizen, rich or poor high or low is subject to the same law and the same courts of law. It’s because U.K law does not make any distinction between acts of government and those of ordinary citizens. If any public official does any wrong to an individual or exceeds the power vested in him by law, he can be sued in ordinary court and tried in the ordinary manner.

3)Judicial Decisions;-

     Finally, rule of law means that the general principle of the constitution are the result of judicial decisions determining (formatting) the rights of private persons in particular case brought before the courts.
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Instances (Examples) of Rule of Law;-

         Following are the important instances of the rule of law.

1)The Right to Personal Freedom;-

       People have personal freedom in England. No person can be arrested without lawful reasons.

2)The Right to Freedom of Decision;-

               People of England have right to freedom of decision. Media is independent. Everyone can criticize the policies of the government.

3)The Right to Public Meeting;-

            People have right to public meeting and form the political parties. 

 Ministerial Responsibility;-
   Ministerial responsibility is important instance of the theory of rule of law. If one Minister do wrong other become responsible for his actions.

Exception;-

       Since Dicey explained the concept of the rule of law many changes came over the world and even in Britain a country which can boast of the rule of law the concept had to face the challenge of the changing times and admits certain clear limitation to the rule of law. Following are the exception of Rule of Law.

1)Suspension of the Rule of law;-

          During emergency the government may partially suspend the rule of law.

2)Judges of the Courts;-

 Judges cannot be held responsible for anything done by them in the official course of their business. 

3)Queen is Above Law;-

             The queen is not amenable to any court of law. She is above law. She is immune (Protected) from all civil and criminal traits (Character).

4)Crown is not responsible for the wrongs done by its officers;-

         Crown is not responsible for the wrongs done by its officers. A government official is personally responsible for his mistake made in his official capacity.

5) Foreign Rulers;-

         Foreign rulers cannot be tried by any court in England for any wrong committed by the.

6)Diplomatic Representatives;-

             Diplomatic representative cannot be tired by any court in England.

7)Servants of Crown have no Protection if Dismissed;-

           If crown dismisses his servants. They have no protection against the crown even though they are dismissed without a just cause.

8)Public Officers are not liable for the wrongs of their subordinates.;-

            Public officers are not liable for the wrongs of their subordinates because there are certain acts which have conferred some privileges and immunities to public authorities.

9)Time of Proceedings against Servant;-

          It is essential to take action against public servant within six moths from the date of the cause of action regarding any excess, neglect or default of public authority. The right of action laps after six months.

10) Justice of Peace;-

        Justice of peace is not liable for any act if the act is not wrongful or malicious.

11) Trade Union;-

     Trade unions in England enjoy lot of immunity (protection) from law.

12)Cancellation of Citizenship;-

   If the citizenship of some one is cancelled it cannot be challenged in any court.

13)Power to Police;-

          The Public Order Act 1916 given the police the power to regulate or prohibit public meetings and processions (March/Parade). It can also declare drilling and wearing of unauthorized uniforms as illegal.

Conclusion;-

 The rule of law still remains a principle of the English constitution but it needs reinstating (Re-establish, restore, Replace) in the light of present conditions. There are several limitations which indicate that the rule of law is not fully adhered to in England today.