Chapter 3 Key facts checklists

Chapter 3 Key facts checklists

The rule of law

• AV Dicey’s conception of the rule of law is widely accepted.

• AV Dicey formulated the rule of law around the supremacy of law over arbitrary and wide discretionary power, equal subjection to the law, and origins of constitutional law in private law.

• Dicey’s views were based on the constitutional principles in Entick v Carrington (1765).

• Government according to law is an important principle connected with Dicey’s conception of the rule of law.

• Jennings and others have put forward different views about what the rule of law means.

• Government according to law is a principle connected with the rule of law.

• There are examples of wide discretionary powers within the law of the UK which appear to run contrary to Dicey.

• There are other recognizable limitations and threats to the rule of law.

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