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Need an research paper on british constitution and the rule of law. Needs to be 10 pages. Please no plagiarism.
Need an research paper on british constitution and the rule of law. Needs to be 10 pages. Please no plagiarism. Accordingly, it nullified the warrant and awarded damages to the plaintiff. With this case, the principle that a public official should prove that he had the express legal authority to interfere with a person or his property became a legal requirement2.
The most significant description of the rule of law was provided by A.V. Dicey. In this endeavor, he integrated three important concepts. First, the law should prevail over any arbitrary power of the government. Second, everyone is equal before the law. and this equality applies to every class of society, and even the government officials. Third, the provisions of the constitutional law are to be incorporated into the ordinary law of the land, over which it should have a binding effect3.
A.V. Dicey had propounded the concept of the rule of law. Subsequent legal scholars had expanded upon the scope and role of this concept. According to Dicey, the law must rule the people and the government must be subjected to the law. The government should not use its powers to circumvent the law. All classes of people and government officials were to be treated equally before the law. The courts have to ensure the proper implementation of the constitution, by emphasizing individual rights5.
The importance of the due process of the law and the necessity to prevent arbitrary treatment has been supplemented with the need to maintain order. which is indispensable for the reign of law. Several international human rights treaties have incorporated the notion of due process. Instances of this are the United Nations declaration on Civil and Political Rights and the European Convention on Human Rights6.
The rule of law is a political paradigm that is .either absent or extant to a varying degree. The rule of law principle constitutes one of the yardsticks to gauge the nature of a legal system.
