Explain the Rule of law under the British Constitution.

1) Introduction
● The rule of law is the result of the struggle of British people for recognition of their
fundamental rights. In the U.K law is supreme and every act of Government must be
authorized by law either passed by the Parliament or passed by the common law which
has been recognized for hundreds years ago. One of the prime objects of making laws is
to maintain law and order in society and develop a peaceful environment for the
progress of the people. The concept of Rule of Law plays an important role in this
process.

2) Meaning of rule of law

● The meaning of rule of law is defined as under:

Rule of law indicates that none of the people is above or below the law. All the
persons are equal in the eyes of the law. If any person violates the law .He should face
the trial of the case in the court.

3) Dicey's Explanation of the rule of law

● The English jurist Dicey's has given an explanation of the concept of the rule of law in
his book” Law of the constitution” published in 1885. The gave following meaning to
this concept

I. No arbitrary punishments
● No man is punishable by law until he breaches the law of the state. All of those person
who has been accused of an offense should be presented before the court for the trial
in legal manner and no one can be deprived of his life ,liberty and property

II. Equality before law

● Secondly, rule of law indicates that in the U.K every citizen, rich or poor, high or low is
subject to the same law and the same courts of law. U.K law does not make any
difference between the acts of the government and citizens. If any public officer does
any wrong with an individual, legal actions would be taken against him according to
the existing law of the state

III. Judicial decisions

● Finally, rule of law means that the general objects of the constitutions are the result of
judicial decisions which are determining the rights of private persons in particular case
before the courts

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 4) Parliamentary sovereignty and rule of law
● Rule of law provides support to Parliamentary sovereignty. Before the Parliamentary
sovereignty courts were unable to make their discretion on laws of the state. Parliament
can break the rule of law for the provision of justice to the people and the court cannot
stop the parliament from breaking the rule of law. The act of breaking laws is the
supreme exercise of the parliamentary sovereignty for legalize the criminalities

5) Importance of rule of law

● The government and its officials as well as individuals and private bodies are
accountable under the rule of law. Rule of law is the basic principle of the British
Constitution. It secures the liberty of the citizens of Britain. Law is the supreme over
all person and all persons needs to follow it for their convenience

6) Instances of rule of law

Following are important instances (Namoonay) of the rule of law
I. The right of personal freedom
● According to the rule of law. People have personal freedom in England. No one
can be arrested without lawful reasons

II. The right of freedom of decision

● According to the rule of law. People of England have the right to freedom of
decision or freedom of speech. Media is independent even everyone can
criticize to the government policies

III. The right to public meeting

● Rule of law provides a lot of freedoms, one of them is freedom of meeting. In England
people have right of gathering or public meeting or form a political parties

IV. Ministerial responsibility

● Ministerial responsibility is an important instance of the theory of rule of law. If
one minister do wrong other will be held responsible for his wrong action

7) Exceptions
Following are the exceptions to Rule of law

I. Crown is not responsible for the wrong of his officers

● The Crown is not responsible for the wrong done by his officers. A government
official personally will be responsible for his mistake made in his official capacity

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 II. Servants of crown are incapable if dismissed
● If crown dismisses his servants even without a reason, servants are totally incapable to
take action against the crown

III. Public officers are not responsible for the wrong of their
subordinates
● As crown is not responsible for the wrong done by his officers as the public officers are
also not responsible for the wrong done by their subordinates because there are certain
privileges have given to public officers

IV. Judges of the courts are not responsible

● The judges of the courts will not be hold responsible for anything done by them in the
official course of their business

V. Foreign rulers cannot be trialed

● There is exceptions that rulers cannot be trial by any court in England for any wrong
committed by them

VI. Diplomatic representatives cannot be trialed

● Diplomatic representatives cannot be trailed by any court in England for any wrong
committed by them

VII. Crown’s power to refuse or grant passport

● The Crown has power to refuse or grant passports to travel in any country. The order
of the crown cannot be challenged in any court of England

VIII. Cancellation of citizenship

● If the citizen of someone is canceled on legal grounds, it cannot be challenged in any
court

IX. Power of home minister to naturalize alien

● The action of the home minister regarding naturalization of aliens cannot be challenged
in any court of law

X. Time of proceedings against public servant

● It is necessary that legal action should be taken against any public servant who may
exercise his powers illegally and violate the rule of law. The right of action lapse after
six months

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 XI. Justice of peace
● Justice of peace are not liable for any act if the act is not wrongful

XII. Trade unions are not liable

● Trade unions enjoys of lot of protection in England and are not liable for their actions

8) Effect of rule of law

● The court interprets legislations keeping in view the theories of rule of law
● The rule of law gives every citizen a safe place to stand and give protections from official
and private individuals. It helps people to feel themselves secure and save

9) Conclusion
● The rule of law played a pivotal role in the administration of justice but currently it has
been quiet modified. There are a several limitations upon rule of law which indicate that
the rule of law is not fully followed in England today

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👥 Introduction:

● The rule of law in the United Kingdom signifies the supremacy of law and the
equal application of law to all individuals.
● Laws must be authorized by the Parliament or recognized by common law,
ensuring law and order and fostering a peaceful environment for societal
progress.
● The concept of the rule of law holds great significance in the British
constitutional system.

💡 Meaning of the Rule of Law:

● The rule of law emphasizes that no person is above or below the law, and all
individuals are equal in the eyes of the law.
● It ensures that individuals who violate the law are subject to a fair trial in
court, guaranteeing their right to due process.

🌱 Decay's Explanation of the Rule of Law:

● According to jurist A.V. Dicey, the rule of law encompasses three principles:
No Arbitrary Punishments: No individual can be punished unless they
breach the law of the state. Legal proceedings and protections must be
followed.
Equality Before Law: All citizens, regardless of wealth or social status, are
subject to the same law and courts. Government officials are held to the
same legal standards as ordinary citizens.
Judicial Decisions: The rights of individuals in specific cases are determined
through judicial decisions based on established constitutional objectives.

⚖️Parliamentary Sovereignty and the Rule of Law:

● The rule of law supports parliamentary sovereignty, where the courts cannot
prevent Parliament from breaking the law if it is deemed necessary for justice.
● The exercise of parliamentary sovereignty to change laws can be seen as an
ultimate act for legalizing certain actions.

🔑 Importance of the Rule of Law:

● The rule of law holds government officials, individuals, and private bodies
accountable.
● It serves as a fundamental principle of the British Constitution, safeguarding
the liberty of British citizens and ensuring law is supreme over all individuals.

🎯 Instances of the Rule of Law:

● Personal Freedom: Individuals in England have the right to personal freedom,

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 and no one can be arrested without lawful reasons.
● Freedom of Speech: The rule of law protects freedom of speech in England,
allowing individuals to criticize government policies.
● Right to Public Meetings: People in England have the right to gather, hold
public meetings, and form political parties.
● Ministerial Responsibility: Ministerial responsibility is an important instance of
the rule of law, where ministers are held responsible for their actions.

⚠️Exceptions to the Rule of Law:

● Crown's Officers: The crown is not responsible for the actions of its officers,
who bear personal responsibility for their mistakes.
● Immunity of Dismissed Servants: Dismissed servants of the crown have no
recourse against the crown, even if dismissed without cause.
● Responsibility for Subordinates: Public officers are not responsible for the
actions of their subordinates, as they are granted certain privileges.
● Judicial Immunity: Judges are not held responsible for their official actions
within the course of their duties.
● Immunity of Foreign Rulers and Diplomatic Representatives: Foreign rulers and
diplomatic representatives cannot be tried in English courts for their actions.
● Crown's Power and Home Minister's Actions: Certain actions of the crown, such
as granting or refusing passports or naturalizing aliens, cannot be challenged
in court.

✅ Effect of the Rule of Law:

● The court interprets legislation while considering the principles of the rule of
law.
● The rule of law provides individuals with a sense of security and protection
from both public officials and private individuals, ensuring a safe environment.

🎯 Conclusion:

● The rule of law has played a crucial role in the administration of justice, but its
strict adherence has been modified over time.
● Limitations and exceptions exist, indicating that the rule of law is not
consistently followed in England today.

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