1.

**Primary Meaning of Rule of Law**: The rule of law dictates that all actions must be
conducted according to the law. This implies that every governmental authority must justify
its actions as authorized by law, typically through Acts of Parliament. Any exercise of
governmental power must have a strictly legal basis, and individuals can challenge such
actions in court if they are not lawful.

2. **Dicey's Concept of Rule of Law**: Dicey, in 1885, defined the rule of law as the
absolute supremacy of regular law over arbitrary power. He emphasized that individuals
could only be punished for breaches of law established in a legal manner before ordinary
courts. He argued against the exercise of wide discretionary powers by the government,
stating that discretion could lead to arbitrariness and insecurity of legal freedom.

3. **Equality Before the Law**: Dicey highlighted the importance of equality before the law,
asserting that all individuals, regardless of their rank or status, should be subject to the
ordinary law of the land and the jurisdiction of ordinary courts. This principle ensures that
no one is above the law.

4. **Critique of French Administrative System**: Dicey criticized the French system of droit
administratif, which involved separate administrative tribunals and protected officials from
the ordinary law and jurisdiction of ordinary courts. He viewed this system as despotic and
aimed at protecting guilty administrative officials. Dicey argued that such a system was
fundamentally inconsistent with English legal traditions and customs.

5. **Absence of Administrative Law in England**: Dicey asserted that England lacked a

system of administrative law or separate bodies to handle disputes involving the
government. He argued that such a system, as seen in France, was unknown to English law
and contradicted English legal traditions.

6. **Criticism of Dicey's Thesis**: Despite Dicey's influential thesis on the rule of law, it has
been criticized for being incomplete and inaccurate. Critics argue that even in 1885, Dicey's
postulates were not fully applicable in England. He overlooked the privileges and immunities
enjoyed by the Crown, as well as statutes that conferred discretionary powers on the
executive, which couldn't be challenged in ordinary courts.

7. **Misunderstanding of French Droit Administratif**: Dicey's assertion that French Droit

Administratif was devised to protect and confer privileges on government officials has been
challenged. In reality, Droit Administratif has been found to be effective in controlling
administration and protecting individuals against it, sometimes more so than the common-
law system. Scholars suggest that adopting aspects of the French model could provide
better safeguards against administrative excesses.

8. **Existence of Administrative Law in England**: Despite Dicey's denial, it has been

acknowledged that Administrative Law did exist in England. While Dicey denied its
existence, contemporaries like Maitland recognized its emergence. By 1915, Dicey himself
reluctantly admitted the growth of Administrative Law in England, particularly due to the
imposition of duties on the government through parliamentary legislation.
9. **Reluctant Acceptance by Dicey**: Dicey reluctantly accepted the growth of
Administrative Law in England, attributing it to the officialization of law under socialist
influences. He acknowledged that the conferment of judicial or quasi-judicial authority on
officials was a step towards something like the French Droit Administratif but maintained
that the rule of law preserved by the ordinary courts was still fatal to its existence.

10. **Evolution of Administrative Law**: Since Dicey's time, Administrative Law has evolved
into a well-defined system in contemporary democratic societies, including those based on
the common-law system. Despite Dicey's criticism, Administrative Law has become an
indispensable part of modern governance.

11. **Acceptance of Discretionary Powers**: Contrary to Dicey's view, modern governance

requires wide discretionary powers, which have become abundant in every country. These
powers are deemed necessary for the functioning of modern industrialized welfare states.

12. **Role of Tribunals**: Dicey's emphasis on ordinary courts as the primary means of
judicial control has been challenged. Tribunals have proliferated in every country, indicating
a shift away from Dicey's belief in the efficacy of judicial control alone.

13. **Limitations of Judicial Review**: While Dicey trusted in the efficacy of judicial review,
it has been recognized that courts have only a limited capacity to control administrative
action. Judicial review is often peripheral, and courts are not equipped to undertake in-
depth reviews of administrative actions.

14. **Inequality between Government and Citizens**: Dicey's assumption of complete

equality between government officials and citizens has been challenged. Governments and
officials enjoy powers and privileges that citizens do not, and inequalities between them are
inherent in political society.

15. **Reinterpretation of Rule of Law**: There's a need to reinterpret the Rule of Law in
modern contexts, focusing on its underlying values rather than strict adherence to forms
and structures. The Rule of Law can serve as a frame of reference to test the prevailing
Administrative Law and guide efforts to curb governmental powers and keep the
administration within bounds. This positive reinterpretation emphasizes the utility of the
Rule of Law in modern governance.

16. **Relevance of Rule of Law in Contemporary Society**: Dicey's emphasis on the

absence of arbitrary power, equality before the law, and legal protection of basic human
rights remains relevant in contemporary society. The concept of Rule of Law can serve as a
potent instrument for administrative lawyers to evaluate and advocate for improvements in
Administrative Law to align with these values.

17. **Restraining Administrative Powers**: Rule of Law can be invoked to restrain undue
increases in administrative powers and to establish controls over them. It has been used in
inquiries in common-law countries to advocate for reforms in Administrative Law.
18. **Confine Administration within Legal Parameters**: The first basic value derived from
Rule of Law is that the administration should not enjoy any power outside the law.
Bureaucratic powers must be confined within legal limits, and administration can only
exercise powers sanctioned by law.

19. **Supremacy of Courts and Judicial Control**: Dicey advocated for

the supremacy of courts and judicial control as essential to the Rule of Law. Judicial review
of administrative action ensures that the administration does not exceed its legal powers.
Courts should continue to have the power to control administrative action, and any
diminution of this power should be criticized.

20. **Need for Additional Control Mechanisms**: While judicial control remains pivotal,
other control mechanisms such as Ombudsman and tribunal systems are also necessary.
Concentration of control power in courts alone is insufficient, and additional mechanisms
are needed to ensure effective oversight of administrative action.

21. **Inadequacy of Judicial Control Alone**: While judicial control is important, it has been
found to be inadequate on its own. Other control mechanisms are required to supplement
judicial review and ensure effective governance within the framework of the Rule of Law.