Which concept is an element of the concept of 'Rule of Law' as propou...
A key element of the concept of 'Rule of Law' according to A.V. Dicey is the absence of arbitrary power, which implies that no individual can be subjected to punishment except for a breach of law. This principle emphasizes the importance of legal accountability and the rule of law in a democratic society.
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Which concept is an element of the concept of 'Rule of Law' as propou...
Understanding the Rule of Law by A.V. Dicey
The concept of the 'Rule of Law' is fundamental in constitutional law, as articulated by A.V. Dicey, a British jurist. His interpretation emphasizes certain critical elements that ensure justice and equality in governance.
Absence of Arbitrary Power
- Core Principle: The absence of arbitrary power is a cornerstone of the Rule of Law. This principle asserts that no individual or authority is above the law, ensuring that all actions taken by the government are subject to legal scrutiny.
- Legal Framework: Laws must be clear, publicized, and stable, and they should apply equally to all individuals, including government officials. This prevents the misuse of power and protects citizens from arbitrary decisions.
- Accountability: When authorities operate within a legal framework, it fosters accountability. Citizens can challenge government actions in courts, which acts as a safeguard against tyranny.
Other Options Explained
- Immunity of the President and Governors: While some legal immunities exist, they do not encapsulate the essence of the Rule of Law, which seeks to ensure that all individuals are subject to the law.
- Exception for Members of Parliament: Similar to the previous point, the exceptions provided for parliamentarians do not align with the principle of equal applicability of law.
- Right to Property: Although important, the right to property is a specific legal entitlement rather than a foundational principle of the Rule of Law.
Conclusion
In summary, the absence of arbitrary power is integral to A.V. Dicey's Rule of Law. It ensures that governance is conducted within the bounds of legality, promoting justice and accountability in society.