Discuss Dicey rule of law theory -Public Law
Order instructions:
Question 1 (Answer 1 and 2)
A.V. Dicey defined the rule of law in the following:
“The rule of law … means, in the first place, the absolute supremacy
or predominance of regular law as opposed to the influence of
arbitrary power; … [second] equality before the law; … [third] the
law(s) of the constitution are not the source, but the consequence of
the rights of individuals, as defined and enforced by the courts.”1
1. Do you agree that the above definitions guarantee equality before
the law and ensure accountability to the law? Discuss with one of the concepts below:
Parliamentary Sovereignty; or
Separation of Powers
2. Which definition, out of the above three, is the best representation to be an assumption of the Australian Constitution? Explain in conjunction with at least one landmark case of your choice
This essay will require a great deal of independent research and must refer to relevant legislation(s) and/or case law.
Length: 3,000 words (with a 10% leeway over or under)
Criteria: The essays will be marked according to:
– addressing the question with relevant and legal authorities
evidence of high-quality research beyond the prescribed readings
– detailed use of primary authorities (legislation and cases)
– critical analysis of the question
– clarity of writing and structure
– appropriate and consistent referencing using the Australian Guide
to Legal Citation
Referencing: The essay will be fully referenced and contain a
complete bibliography of the sources used and cited – both
referencing and bibliography should be in accordance with the
Australian Guide to Legal Citation (3rd Edition, 2010); and
typewritten in 12 point font, 1.5 spacing, on single-sided A4 paper.
