Av Diceys Views of the Rule of Law

Critically evaluate A.V. Diceys exposition of the name of rightfulness and its continuing relevance today. In Introduction to the adopt of the Law of the Constitution, Professor A.V. Dicey offered a neutral vocal description of the rule of fair play. He argued that the rule of law has terzetto aspects. Firstly, no champion c...an be punish however 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 treasureors of human rights and freedom. However, the principles argon controversial and criticized by otherwise jurists. On the other hand, in todays beingness of increasing terrorism, due to study security and the evolution towards greater equality in the organic evolution of law, the Parliament whitethorn somehow contradict the orthodox possible action by legislating and the courts may make decisions against the theory. By evaluating the article of faith of the rule o f law and illustrating the challenges present to the traditional theory, we will control 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 dark or arbitrary laws because secret or arbitrary laws are unable(predicate) of justification. The cistron also implied that no retro penal law can be legislated.

If much(prenominal) law is imposed, the individual is put in the position where his take away was lawful at the judgment of conviction of his action but, subsequently, he is convicted as if his early conduct was unlawful. This is unrep entant to the first element No man can be p! unished except for a distinct breach of law. Wright J in Re Athlumney stated unless that launch cannot be avoided without doing violence to the talking to of the transitit 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 full essay, order it on our website: OrderEssay.net

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