What is meant by the rule of law?
The rule of law maybe defined in brief as a doctrine that no individual, however powerful is above the law. In principle Rule of Law had a significant influence on attempts to restrain the arbitrary use of power by rulers and the growth of legally enforced Human Rights in many western countries. It is often used as a justification for separately legislative from judicial power, this can be clearly seen within the government structure of the UK.
The Government in the UK is highly centralised and carried out within a written state – Government power is not confined by a written constitution or bill of rights. It is said to be both accountable and responsible. Responsible Government is carried out according to constitutional conventions, internal, obligations from membership to the European community and the rule of law. Great significance has been given to the rule of law, within the UK constitutions legal writers such as Dicey have tried to explain the rule of law, and in fact many constitutional lawyers today continue to be influenced by his explanation of the term rule of law. Dicey had acknowledged that his work was based on the writings of Hearn, who suggested that the rule of law is an ancient origin and may be found in the literature on the role of the State in society. Hearn’s inspiration for his idea lay in the constitution conflicts of the 17th century. King James I claimed royal authority over the law despite much acknowledged advice to the contrary.
