Dicey Theory Analysis

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Which of the theories has the most “value”? Dicey’s or Bingham’s? Both theories have their own value, so it would be impossible to single out one which has the most “value”. Dicey’s theory has its value, not only since it was one of the earliest theories written about the doctrine of the rule of law, but also because it reduced complex concepts into an understandable doctrine. Nevertheless, Bingham’s theory has undoubtedly the most “value” since it expanded on Dicey’s theory, split the three limbs into narrower, specific principles, and added more detail to each one of them. Moreover, Bingham also did what no other theorist did, and that was to appreciate the role of international laws and the protection of fundamental human rights in the…show more content…
On the one hand, Dicey did not consider the importance of protecting human rights and the UK’s obligations with international law when he wrote his theory in 1865, an era way before the World Wars; nor did he appreciate the importance of fairness in decision-making, both by the judiciary and the executive (to some degree). On the other hand, although Bingham expanded on how the law should be made and applied, he left out one aspect of Dicey’s theory, which is that anyone can only be punished for a breach of the law. However, he compensates that by adding to his theory what was unimaginable in Dicey’s era: the application of the doctrine to situations of “public emergency” such as terrorism, as such situations tend to make way for arbitrary use of discretionary…show more content…
Said quality is crucial to any doctrine of the rule of law since it is key to conducting a fair judicial procedure as well as well as to the functioning of the court within the constitution and to the fair and just application of the law. What does the rule of law mean to you? In my opinion, the rule of law is a doctrine embedded in some form of constitution (written or unwritten) whereby the law, its legal principles and sources is the highest form of authority to govern a nation, rather than the government with its own individual and potentially biased decisions. For the law and its constituents to function properly and democratically, they must abide by a series of principles which determines how it is to be made and construed. Firstly, they should be clear, precise, accessible, cohesive but also subject to statutory interpretation. They cannot be retrospective in effect, only prospective. Additionally, they too are subject to constitutional and statutory limits imposed upon them. Secondly, they must respect and protect fundamental human rights, as well as comply with the nation’s obligations in international law, in addition to domestic

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