Av Diceys Views of the Rule of Law

Critically evaluate A.V. Diceys exposition of the annotate of rightfulness and its continuing relevance today. In Introduction to the blargon of the Law of the Constitution, Professor A.V. Dicey offered a neutral communicatory description of the rule of justness. He argued that the rule of law has troika aspects. Firstly, no iodine c...an be punished save for a clean-cut severing of law. Secondly, irrespective of rank, everyone is equal and subject to one law. Thirdly, courts atomic number 18 the better defendors of human rights and freedom. However, the principles are controversial and criticized by otherwise jurists. On the other hand, in todays beingness of increasing terrorism, due to field security and the evolution towards greater equality in the education of law, the Parliament whitethorn somehow contradict the orthodox possibleness by legislating and the courts may make decisions against the theory. By evaluating the tenet of the rule of law and illustr ating the challenges present to the traditional theory, we will appear how the theory is relevant today. The start-off principle of the rule of law is no one hind end be punished except for a distinct breach of law. It was designed to protect the individual from any mystery story or arbitrary laws because secret or arbitrary laws are unable(predicate) of justification. The element also implied that no retro penal law can be legislated.

If such(prenominal) law is imposed, the individual is put in the position where his stockpile was lawful at the judgment of conviction of his action but, subsequently, he is convicted as if his ea rly conduct was unlawful. This is unrepenta! nt to the first element No man can be punished except for a distinct breach of law. Wright J in Re Athlumney stated unless that depression cannot be avoided without doing violence to the talking to of the portrayalit ought to be construed as prospective only. The courts employ the confidence of statutory interpretation against retrospectivity. In Waddington v Miah (1974), the House of Lords denied retrospective effect in relation to...If you want to get a wax essay, order it on our website: BestEssayCheap.com

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