INTRODUCTION:
Undoubtedly, United Kingdom is unique per se since it has an uncodified constitution whereby the source of constitutions is mostly scattered in other manners. The reason being is that, instead of an obvious governance system, the separation of powers in United Kingdom has not been clear throughout these centuries. Hence why, the rule of law is imperative to ensure the overlapping of three bodies of government has not acted ultra viresly. The enduring importance of this principle is as described by Aristotle that the rule of law is better than any of the individuals. It is then affirmed by LCJ Coke by expressing that:
“ The King himself ought not to be subject to man, but subject to God and the law, because the law makes him King.”
However, the Executives may at times act beyond the power given. Therefore, it provides itself as a shield from abusing of power is exceptionally important to a country with no written constitution like United Kingdom. So, it is said that the Executives is needed to be watched to ensure accountability in the light of rule of law so the justice can be seen without being oppressed by the dominant ruler – The Executives. The question is seeking for an evaluation on the gist of rule of law as to whether do it efficiently runs as a lubricant in controlling the Executives and its importance in this contemporary era. It is vital to first state on how does the rule of law come into play in UK and its function as an examination tool from several point of views with more weight will be given on the three ex-position by A.V Dicey. Furthermore, it is crucial to lay down the efficiency of the rule of law in nature, whether has it been followed and arbitrariness of power by the Executives has been lessened. Besides, it would be important by stating down the importance of it as a watchdog to check and balance of the exercising power by the Executives. However, it is also worth assessable to ponder on whether the rule of law may no longer be the protector of citizen’s right after the constitution has been codified.
ASSESS THE IDEA OF THE RULE OF LAW FROM DIFFERENT PERSPECTIVES
Primarily, In respect on the idea of rule of law, it is submitted that there are few orthodox expressed by academics and as well from the legal profession as the rule of law has grown up to become such an important element though it may not be unique under UK’s constitution. Historically, the rule of law has been existing since time immemorial on Greeks Civilisation in which latter Magna Carta(1215) comes into play that rooted rule of law in the land of UK. It actually projects a set of guidelines for the government, so they are restraint instead of posing discretionary powers arbitrary. In another word, it is an influential idea of which it regulates the conducts of public affairs in UK. In general, it runs as a mechanism to keep government in check to prevent the infringement upon civil liberties. In accordance to Professor A.V Dicey, his view on the rule of law has been popular with the three exposition in which he disagreed that written constitution is the only route towards equality among citizens. It is because he thinks the rule of law has offers enough of safeguards. The three views in short are that all government bodies must act within the law. No man is above the law and judges as the ideal protector of citizen’s right. Though his idea is of great contribution, it attracts an immense of criticisms that it may not be true, which will be discussed as another issue late.Notably,an academic, Friedrich Von Hayek, who acts as an exponent of Dicey’s viewpoint. He is in the opinion that, the idea of rule of law is an absolute value in which can only be present in the constitution to prevent government from intervening in social and economic welfare. He also stated that parliamentary sovereignty, and the rule of law should not be existing simultaneously since both of it are in contradiction. Whereas Harry Jones were in a different point of view as compared to Hayek, he agrees with the rule of law has been doing good in administering the behaviour of government, but he disagrees that it rule of law must be abolished if parliamentary sovereignty is present. The idea of rule of law is always in the eyes of the legal circle with different orthodox. However, it is opined that, the nature of the idea of rule of law will remain as it is to serve justice in UK which most of us would agree with it.
