3. The Rule of Law

This chapter discusses the constitutional principle of the rule of law. First the concept of the rule of law is introduced, including discussion and criticisms of Dicey’s understanding of the principle. The difference between formal and substantive understandings of the rule of law is explored, then the chapter examines the rule of law as a broad political doctrine requiring law to be clear and prospective. Finally, the chapter uses in depth analysis of case law to explain the idea of government according to law in the UK: it examines the need for legal authority for official acts, the principle of legality, and the rule of law as a substantive constitutional principle.