The Rule Of Law is a concept put forward by an A.V. Dicey in 1885 was written in a book called Introduction To The Study Of The Law Of Constitution. Since then The Rule Of Law began to become a study material in the development of a legal state, and even spread to every country that has a different system.
The Dicey concept is essentially that The Rule Of Law contains three important elements, namely:
- Supremacy of Law
- Equality Before The Law
- Constitution Based On Human Rights
The Supremacy of Law means that there is no arbitrary power, both the governed people and the ruling king. Both are subject to the law. This principle places the law in the position of commander. law must be used as a tool to justify power, including limiting that power. So those who are powerful, sovereign and supreme are laws not power.
The supremacy of this law can be said to be the same as the teachings put forward by Krabbe on the theory of legal sovereignty, a theory that opposes the teachings of the souvereiniteit staats commonly adopted by German state thinkers.
The realization of the principle of supremacy of law in Anglo Saxon countries is somewhat different from what happened in Continental European countries which adheres to the concept of rechtstaats. The rule of law according to the concept of the rule of law is to place the state as a legal subject, so that the legal consequences can be prosecuted in court. While in Anglo-Saxon countries it is not so, the supremacy of law according to the concept of the Rule of Law, does not place it as a legal subject. The state in this concept cannot do anything wrong, so the consequences cannot be held accountable in court.
Equality Before The Law, means that all citizens are subject to their personal and qualifications. And as state officials are subject to the same law and are tried in the same ordinary court. So every citizen is equal before the law. Rulers and citizens alike can. When committing an illegal act, it will be tried according to Common Law rules and in ordinary courts.
The Constitution Based on Human Rights element if understood means the existence of a constitution which is commonly referred to as a constitution. The constitution here does not mean that it is a source of human rights but indicators of human rights that are embedded in a constitution, literally it can be said that what has been poured into the constitution must be protected.… Read More