Question

Dicean concept of rule of law does not imply

• A. Supremacy of law
• B. Equality before law
• C. Presence of discretionary power
• D. Judge made Constitution

Hint:

While Dicey opposed discretionary power in 1885, modern administrative law recognizes that some level of administrative discretion is necessary for a welfare state to function, provided it is guided by clear statutory rules.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify the element that is not part of Albert Venn Dicey's classic formulation of the "Rule of Law."

Step 2: Key Legal Principles and Approach:
The concept of the Rule of Law was popularized by British constitutional theorist A.V. Dicey in his book Introduction to the Study of the Law of the Constitution (1885).
Dicey's formulation of the Rule of Law is built upon three distinct pillars.

Step 3: Detailed Explanation:

• Dicey's Three Pillars:

• 1. Absolute Supremacy of Law (Option A): There must be an absence of arbitrary power or wide discretionary power on the part of the government.

• No person can be punished or made to suffer except for a distinct breach of law established in the ordinary legal manner before the ordinary courts.

• 2. Equality Before Law (Option B): Every person, regardless of their rank or condition, is subject to the ordinary law of the land and amenable to the jurisdiction of the ordinary tribunals.

• Dicey strongly opposed the French system of Droit Administratif, which had special tribunals for state officials.

• 3. Predominance of Legal Spirit (Option D): The general principles of the constitution (like personal liberty) are the result of judicial decisions determining the rights of private persons brought before the courts (Judge-made Constitution).

• Exclusion of Discretionary Power: Dicey strongly equated "discretionary power" with "arbitrariness".

• He believed that wherever there is discretion, there is room for arbitrariness, which undermines the rule of law.

• Therefore, the "presence of discretionary power" is antithetical to Dicey's concept of the Rule of Law.

• This makes Option (C) the correct choice.

Step 4: Final Answer:
Dicey's Rule of Law opposes the presence of wide discretionary power, making Option (C) the correct answer.