ARBITRARY POWER OF STATE: A CRITICAL ANALYSIS UNDER DICEY’S RULE OF LAW

AUTHORS – SRIRAM V M, SABARI VEERA V & TASNEEM BANU T, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SRIRAM V M, SABARI VEERA V & TASNEEM BANU T, ARBITRARY POWER OF STATE: A CRITICAL ANALYSIS UNDER DICEY’S RULE OF LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 384-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article critically examines the application a well as the limits of A.V. Dicey’s Rule of Law in the world of legal framework, focusing on the cases from the UK, US, and India. Dicey’s  Rule of Law explains the supremacy of law, equality before law, and protection of individual rights. However, this Rule of law faces challenges in modern governance, particularly in areas involving national security, administrative actions, and socio-economic inequality.

In the UK, Counter-terrorism legislation, such as the Terrorism Acts of 2000 and 2006, along with the Counter-Terrorism and Security Act of 2015, have been scrutinized for potential violations of civil liberties, such as unlawful detention and racial profiling. The US case studies focus on executive orders, such as Executive Order 13769 the Travel Ban, and how reviewing power of judiciary serves as a check on the power of executive. The Trump v. Hawaii decision exposed conflicts between national security and personal freedoms. In India, the Aadhaar contains biometric identification raised substantial privacy issues, leading to a landmark SC decision in 2018 that addressed issues of data protection and state surveillance.

This this research contends that although Dicey’s Rule of Law continues to be significant in promoting protecting individual rights and accountability, it falls short in addressing community rights and the socio-economic disparities that obstruct access to justice. The study advocates for the reforms that incorporate social and economic contexts into legal frameworks to ensure a more efficient use of the Rule of Law. These reforms including broadening access to legal aid programs, streamlining legal procedures, improving judicial diversity, and strengthening the enforcement of anti-discrimination legislation. Comparative analysis of legal  frameworks from Germany and France provides insights into how alternative models can more effectively tackle systemic inequalities.

The research concludes that modifying Dicey’s Rule of Law to present challenges requires interdisciplinary approaches, ongoing judicial reform, and stronger safeguards against administrative overreach. By integrating economic and social rights into legal systems, policymakers can ensure that justice is more accessible, equitable, and responsive to the needs of all citizens. This holistic approach is essential to uphold the principles of justice, equity and fairness in democratic governance.

Keywords: Rule of Law, A.V. Dicey, counter-terrorism laws, executive orders, Aadhaar, privacy, human rights, socio-economic inequality, judicial review, legal reform