“In so far as Diceys general statement of the rule of law may be taken to involve the existence in the English constitution of certain principles almost amounting to fundamental laws, his doctrine is logically inconsistent with the legislative supremacy of Parliament. Assess the accuracy of this claim.”

The idea of the rule of law was not conceived by Dicey, but he popularised it in the late

nineteenth century. His book, Introduction to the Study of the Law of the Constitution

(1885) can be seen as a strong defence of the English constitution when compared with

the constitutions of other countries, particularly those with written constitutions. De

Smith states that, His ideas . . . were very influential for two generations; today they no

longer warrant detailed analysis (Constitutional and Administrative Law, 1998). It is

true that Diceys ideas went out of fashion for a time, but they have now come back into

favour, particularly with senior members of the judiciary. Indeed it is now specifically

mentioned in sections of the Constitutional Reform Act 2005. So, once again, they

require detailed analysis….(short extract)