Rule of Law: Dicey's Principles
Exam Snapshot
Rule of Law is a fundamental constitutional principle. A.V. Dicey’s classic formulation is the standard testing point for LLB entrance exams. Remember the three pillars.
Core Concept
Dicey (1885) argued that the Rule of Law limits governmental power and protects individual rights. The three pillars are:
- Supremacy of Law: No one is punished except for a breach of law in ordinary courts. No arbitrary power.
- Equality Before Law: Everyone is subject to the same ordinary law, regardless of position.
- Predominance of Legal Spirit: Rights are the result of judicial decisions, not just constitutional declarations.
Nepal Law Anchors
- Article 1 (Constitution): Supremacy of the Constitution.
- Article 18 (Constitution): Equality before the law.
Confusable Terms
| Term | Focus |
|---|---|
| Rule of Law | Law limits power |
| Rule by Law | Law is a tool for power |
MCQ Traps
- Rights Origin: Dicey argued rights come from judicial decisions, not just written charters.
- Special Courts: Often seen as a deviation from 'Equality before Law' if they create immunity.
Example
If a Prime Minister is tried in the same court for a crime as a common citizen, that follows the principle of Equality before Law.
Memory Hook
S-E-L: Supremacy, Equality, Legal Spirit.
Quick Revision
- Dicey's 3 Pillars: Supremacy, Equality, Legal Spirit.
- Key Goal: Preventing arbitrary government action.