Editing Constitutional law (section)

== The rule of law ==
The doctrine of the [[rule of law]] dictates that government must be conducted according to law. This was first established by British legal theorist [[A. V. Dicey]].

Dicey identified three essential elements of the British Constitution which were indicative of the rule of law:
#Absolute supremacy of regular law as opposed to the influence of [[arbitrary power]];<ref>A. V. Dicey, ''[[Introduction to the Study of the Law of the Constitution]]'' (Macmillan, 10th ed, 1959) p.202</ref>
#[[Equality before the law]];
#The Constitution is a result of the ordinary law of the land.

Dicey's rule of law formula consists of three classic tenets. The first is that the regular law is supreme over arbitrary and discretionary powers. "[N]o man is punishable ... except for a distinct breach of the law established in the ordinary legal manner before the ordinary courts of the land."<ref>A. V. Dicey, ''Introduction to the Study of the Law of the Constitution''  (10th ed, 1959) p.188</ref>

The second is that all men are to stand equal in the eyes of the law. "...no man is above the law...every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals" <ref>A. V. Dicey, ''Introduction to the Study of the Law of the Constitution''  (9th ed, 1945) p.193</ref>

The third is that the general ideas and principles that the constitution supports arise directly from the judgements and precedents issued by the judiciary. "We may say that the constitution is pervaded by the rule of law on the ground that the general principles of the constitution... are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts" <ref>A. V. Dicey, ''Introduction to the Study of the Law of the Constitution''  (9th ed, 1945) p.195</ref>