Dicey Flashcards
What does Dicey’s rule of law assert regarding punishment and the legal process?
Dicey’s rule of law asserts that no one should be punished without a breach of law proven in ordinary courts, ensuring legal accountability and fairness.
How does Dicey view the application of law to individuals and state officials?
Dicey emphasises that all individuals, including state officials, are subject to the same laws without exceptions due to status, reinforcing equality before the law.
What does Dicey argue about the protection provided by common law compared to constitutional guarantees?
Dicey argues that common law provides stronger protection than constitutional guarantees, critiquing the decline in reverence for the rule of law in England over recent decades.
What principle does the rule of law emphasise according to Dicey?
The rule of law emphasises the supremacy of regular law over arbitrary power, which limits government discretion and prevents the abuse of prerogative powers.
According to Dicey, how do constitutional provisions compare to common law rights regarding endurance?
Dicey notes that while constitutional provisions can be changed, the common law rights deeply embedded in the English legal system are more enduring, offering stable and long-lasting protection.
