#constitution #law #public

In an [...], Dicey stated that the rule of law has three meanings.
1. The supremacy of regular law over arbitrary power. 'We mean in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established before the ordinary courts of the land … It means … the absolute supremacy or predominance of regular law as opposed to the influence or arbitrary power, and excludes the existence or arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of the law, but he can be punished for nothing else.'
2. Equality before the law. 'We mean … when we speak of the "rule of law" as a characteristic of our country, not only that with us no man is above the law, but (what is a different thing) that here 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.'
3. No higher law other than the rights of individuals as determined through the courts. '… the general principles of the constitution (as for example the right to personal liberty, or the right of public meeting) are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts; whereas under many foreign constitutions the security (such as it is) given to the rights of individuals results, or appears to result, from the general principles of the constitution.'

Introduction to the Study of the Law of the Constitution (1885)