The Second Meaning of Dicey's Rule of Law

The Second Meaning of Dicey's Rule of Law The second meaning of Dicey’s rule of law states:

“Equality before the law, or the equal subjection of all classes to

the ordinary law of the land administrated by the ordinary law courts”[1]

Here Dicey is saying that we are all not only subject to law, but

equal before it, irrespective of our role in the society. The public

have more powers under the criminal law and the police and criminal

evidence act 1984 for in excess of the citizens.,[2] so this conveys

that no man is above the law; so the private citizens are under a duty

to obey the same law, and that there can not be no special court or

administrative tribunal for the state officials.[3]

The principle of the equality before the law has raised problems for

the rule of law. If the law failed to account for social differences

and disadvantages, and simply presumed that everyone was equal and

should be treated equally. This is where Hayek leaded to attempt to

adapt the rule of law in a manner that Joseph Raz thought created

“exaggerated expectations” for it.[4]

Hayek stated: “the requirements that the rules of true law be general

does not mean that sometimes special rules may not apply to different

classes of people if they refer to properties that only some people

posses… some distinction will not be arbitrary

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It can be seen that for society to function smoothly certain section