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INTRODUCTION AND DEFINITION

The rule of law, or the principle of legality, is a fundamental principle of the English legal system. It is relevant to administrative law in that government action must be legally authorized, and thus subject to ‘the rule of law’.
The traditional definition according to Dicey was based on three premises; the principle of legality, equality of all parties before the law, and the fundamental rights of citizens derived from the common law . This definition has since evolved according to political and social values. Sir Owen Dixon famously remarked that the rule of law was an assumption implicit in the Constitution , and it should be noted that constitutional considerations are inextricably linked to the rule of law, particularly in the separation of powers.
The most criticised aspect of the Diceyan definition was the required absence of “wide arbitrary or discretionary powers” . This essentially excludes the operation of administrative law bodies, though the need for such a system, (and the inherent discretionary powers the system entails), has long been recognised. However, Dicey’s influence on the interpretation of administrative principles remains apparent. The essence of ‘regular law’ being administered by ‘regular courts,’ limiting the exercise of discretionary powers can be seen in the courts limiting the scope of a decision-maker’s jurisdiction, which is fundamental to administrative law. It has been suggested that a more accurate description of the rule of law principle today is one incorporating “equality, liberty, and the ultimate control of government by the people .”
Further discussion will show that the definition and applicability of the rule of law is subject to statutory interpretation. Absent a constitutional Bill of Rights, any fundamental rights of citizens are derived from the common law, and can be abrogated or curtailed by Parliament. The majority High Court decision in...