Explain the Rule of Law doctrine.

1) Definition of the Doctrine

The Rule of Law (ROL) is one of the three central doctrines of the English constitution, alongside the Separation of Powers and Parliamentary Sovereignty. It was first explained by the jurist AV Dicey in 'An Introduction to the Law of the Constitution', who argued that there are three main rules that comprise the doctrine. Firstly, there should be no punishment without law. Essentially, this means that the executive cannot restrict the rights of any individual without clear legal authority, which protects individuals against arbitrary power. Secondly, every individual is equal before the law. Consequently, every individual in society - from the Prime Minister to private citizens - is subject to control by the courts, which was reflected by the decision in Entick v Carrington, where the court held that a king's officers may not enter private property without prior legal authority, such as a warrant. Thirdly, as the constitution of the UK is uncodified, individuals' rights are defined and protected by the courts. Therefore, protecting the independence of the judiciary is fundamental as, without this, the courts cannot ensure that the other two principles are protected.

2) Legal Nature of the Doctrine

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3) Modern Developments

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AJ
Answered by Arron J. Law tutor

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