A blupete Essay

The Rule Of Law, Part 3 to blupete's Essay
"A Country's Constitution"

The roots of "The Rule Of Law" sink deep into the days when most believed in the supernatural. It is, these days, sufficient to assert that the doctrine is derived from theories of natural law; and, is applied in order to control the exercise of arbitrary power. We all, including elected and appointed officials of government, must be subordinated to impartial and well-defined principles of law. In English law,8 there exists this concept that the day-to-day exercise of executive power must conform to general principles as administered by the ordinary courts. Thus, there stands a primary law in respect to the state that there does exist legal limitations upon its own sovereign will -- this, of course, comes about because of the application of Lockian principles. The undisputed authority when it comes to the definition and analysis of the Rule of Law, is, of course, A. V. Dicey, and we now turn to him:
"When we say that the supremacy or the rule of law is a characteristic of the English constitution, we generally include under one expression at least three distinct though kindred conceptions. We mean, in the first place, that no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. ...
"... every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen. The Reports abound with cases in which officials have been brought before the courts, and made, in their personal capacity, liable to punishment, or to the payment of damages, for acts done in their official character but in excess of their lawful authority. [Appointed government officials and politicians, alike] ... and all subordinates, though carrying out the commands of their official superiors, are as responsible for any act which the law does not authorise as is any private and unofficial person."9

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Peter Landry

2011 (2019)