• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The second meaning of Dicey's rule of law states:

Extracts from this document...

Introduction

The second meaning of Dicey's rule of law states: "Equality before the law, or the equal subjection of all classes to the ordinary law of the land administrated by the ordinary law courts"1 Here Dicey is saying that we are all not only subject to law, but equal before it, irrespective of our role in the society. The public have more powers under the criminal law and the police and criminal evidence act 1984 for in excess of the citizens.,2 so this conveys that no man is above the law; so the private citizens are under a duty to obey the same law, and that there can not be no special court or administrative tribunal for the state officials.3 The principle of the equality before the law has raised problems for the rule of law. If the law failed to account for social differences and disadvantages, and simply presumed that everyone was equal and should be treated equally. This is where Hayek leaded to attempt to adapt the rule of law in a manner that Joseph Raz thought created "exaggerated expectations" ...read more.

Middle

Dicey's third and final meaning of the rule of law states: "that with us the law of the constitution, the rules which in foreign countries naturally form part of a constitutional code, are not the source but the consequence of the right of individuals, as defined and enforced by the courts; that, in short, the principles of private law have with us been by actions of the courts and parliament so extended as to determine the position of the crown and of its servants; thus the constitution is the result of the ordinary law of the land"5 The second meaning of Dicey's rule of law states: "Equality before the law, or the equal subjection of all classes to the ordinary law of the land administrated by the ordinary law courts"6 Here Dicey is saying that we are all not only subject to law, but equal before it, irrespective of our role in the society. The public have more powers under the criminal law and the police and criminal evidence act 1984 for in excess of the citizens.,7 so this conveys that no ...read more.

Conclusion

Dicey's Several attack have been mounted against Dicey's principles of the rule of law, as to his first principle Dicey states that "there would be no arbitrary or discretionary power", but even in Dicey's life time there were both arbitrary or discretionary powers in Britain10. The problem that dicey faces in his second meaning are that it does not portray the reality. The government must distinguish people because of relevant social and economic considerations. Dicey clearly didn't entertain the idea that people are unequal in society; weather physically, intellectually, financially or socially. It appears that Diceys second meaning is less successful than his first Hayek stated: "the requirements that the rules of true law be general does not mean that sometimes special rules may not apply to different classes of people if they refer to properties that only some people posses... some distinction will not be arbitrary 1 my book 2 29 ref , 2 - pp8 3 ref 10 -1 pp4 4 ref 42 -3 pp6 5 my book 6 my book 7 29 ref , 2 - pp8 8 ref 10 -1 pp4 9 ref 42 -3 pp6 10 10-1 pp4 ?? ?? ?? ?? 29/11/04 PUBILC LAW ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Police powers

    4 star(s)

    Lastly, the police have the powers to stop and search Tyrone if they believe he is about to commit a crime but only his outer clothing could be searched in public places. In the case of Tyrone, the officer forced him into the car due to his refusal and that is a violation of right to privacy and to life.

  2. Criminal Law (Offences against the person) - revision notes

    Common law offence with a statutory punishment 2. Statute imposes a maximum penalty of 6 months imprisonment for each separate offence 3. Offence itself may not be important. The significance may be the fact that forms the link to more serious offences.

  1. Explain the need for discipline in at least two public services. Analyse the role ...

    A witness in a criminal case is not just someone who sees an offence being committed. It is anyone who can give information to the court, relevant to the offence. You may be the owner of property that has been stolen or damaged.

  2. The Law Relating to Negotiable Instruments

    But a notice by a stranger is a mere nullity for a valid notice can be given only by a parson who is liable on the instrument at the time of the notice or by his agent. Notice of dishonor to the acceptor of a bill or to the maker

  1. Recognition of States and

    The recognition of a state before these conditions are met (premature recognition) is contrary to international law and devoid of legal effect. The state that prematurely recognizes another state violates the principle of non-interference in the internal affairs of another state (Art. 2, Subsection 4 of the United Nations Charter).

  2. Law in association with the criminalisation of certain drugs.

    than the criminal justice system.30 Through the acceptance that marijuana will never be completely eradicated, decriminalisation aims to reduce harm to the individual and society.31 The various levels of decriminalisation are as follows: 2.1 - Administrative Expediency Principle The first alternative to criminalisation is to permit licensed premises to sell marijuana over the counter.

  1. Justices of the Peace - Magistrates Courts

    Magistrates (and their clerks) have immunity from suit under s.51 of the Justices of the Peace Act 1997 in respect of any official act or omission within their jurisdiction, and s.52 grants similar immunity even for acts outside their jurisdiction unless it is shown they acted in bad faith.

  2. Is Diminished Responsibility Relevant?

    This edge will then become a part of social discourse about the law and about such issues as diminished responsibility , which may then influence the development of the law further. In this hot-house atmosphere whether or not we know philosophically what an act is enters the debate only at the edges.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work