Prof. A.V. Dicey gave three meanings to this doctrine:
1)Supremacy of law: Absolute supremacy or predominance of law against arbitrary and discretionary powers. No one can be arrested or punished without due process of law.
2)Equality before law: Law is equal for all, and all classes are subject to ordinary law. Prof. Dicey criticized the French legal system of Droit Administratif.
3)Judge-made constitution: In explaining this, Prof. Dicey stated that in many countries rights of liberty and freedom are under a written constitution, but in England it is not so. The rights in England are judicial decisions.
Application of the Doctrine of Rule of Law
Wilkes v. Wood (1763): A general warrant was issued against Mr. Wilkes. He challenged it for lack of specificity. The court held that there must be a specific warrant, and he can get compensation from the police. Thus, this doctrine is applied where wrongful power and functions are exercised by the administration.
Merits of the Doctrine of Rule of Law
1)The first principle (supremacy of law) recognized: "Government is subject to law and law is not subject to the government."
2)Equality before law literally means: "However high you may be, law is above you."
3)Judiciary enforces individual rights and personal freedom.
Demerits of the Doctrine of Rule of Law
1)Prof. Dicey does not differentiate between arbitrary and discretionary power while establishing supremacy of law. However, no modern state can work effectively without exercising discretionary power for welfare.
2)Prof. Dicey misunderstood the real nature of Droit Administratif.
3)Equality before law is practically impossible, as the rights of a private individual are not the same as those of a public official. There is a maxim in England that "The King can do no wrong".
Article 14 of the Indian Constitution adopted equality before law in India.