At its core, the rule of law means that law governs, not individuals. It requires that government power be exercised according to lawful authority, not personal will or political convenience. It protects citizens from abuse of power and ensures that justice is fair, predictable, and accessible.

The rule of law underpins the UK’s constitution alongside parliamentary sovereignty and the separation of powers. While Parliament makes the law, the rule of law requires that Parliament itself and those who enforce its laws act lawfully and justly.

The traditional view of the rule of law comes from A.V. Dicey, who identified three key elements:

1. No punishment without law
   People can only be punished for breaches of law proven before ordinary courts. This protects individuals from arbitrary arrest or detention.

2. Equality before the law
   Everyone, regardless of rank or status, is subject to the ordinary law and the jurisdiction of ordinary courts. This includes government ministers and public officials.

3. The constitution results from ordinary law
   The UK’s constitution is not a higher legal code but arises from judicial decisions determining the rights of individuals. It evolves through case law rather than being set out in a single written document.

Dicey’s ideas reflect the 19th-century understanding of legal equality and restraint on arbitrary power, but modern interpretations have expanded the principle to include fairness, access to justice, and human rights.

Modern courts and scholars recognise a broader set of principles that support good governance and legal certainty. These include:

• Clarity and accessibility of the law — laws must be public and understandable.

• Independent judiciary — courts must be free from political interference.

• Fair hearing — individuals must have the right to challenge decisions affecting them.

• Proportionality — state actions must be reasonable and necessary.

• Accountability — public officials are legally responsible for their actions.

• Protection of fundamental rights — particularly through the Human Rights Act 1998.

The Constitutional Reform Act 2005 formally recognises the rule of law as a constitutional principle. It requires the Lord Chancellor and ministers to uphold it when performing their duties.