The Rule of Law and Relevance in Contemporary Society

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The Rule of Law and Relevance in Contemporary Society Dicey is a committed believer of the free market operation and was opposed to any for of intervention by the State to regulate the economy. It is least arguable that at the time Dicey wrote his 'Law of the Constitution', he was trying to represent change which in fact had occurred in the UK polity. Sir Ivor Jennings, in his book 'The Law and the Constitution' expressed that Dicey's version of the rule of law means "that the State exercises only the functions of carrying out external relations and maintaining order", which is not true as it would mean that if the State ought to exercise these functions only, it is a rule of policy for Whigs (Whigs were former political party). Social thinker Friedrich Von Hayek followed Dicey in emphasizing its essential component as the absence of arbitrary power in the hands of the State. According to Hayek in his "The Road to Sefrdom": "Stripped of all technicalities, the rule of law means that government in all its actions is bound by rules and announced beforehand." According to Hayek, the rule of law implies limits on the scope of legislation, it restricts it to the kind of general rules as formal law; and excludes legislation directly aimed at particular people. Nor should law be aimed at particular goals. In other words, the government has no place in usurping the authority of individuals by deciding their course of action for them. the job of law is therefore to set boundaries of personal action, and not to dictate the course of such action. Laws should also not be of particular in content or application, but should be general in nature, applying to all and benefiting no one in particular. EP Thompson shares Hayek's distrust of the encroachments of the modern State and he is equally critical of the extent to which the contemporary State has intervened and interfered
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