Why Dicey Fails in the Modern Constitutions?

The Rule of law is an ancient concept which had different meaning in different times in the history. The Phrase can be traced back to 17th century but a stable definition was given to it in the 19th Century by British Jurist A.V. Dicey.

Albert Dicey emphasized three aspects of it by giving three meaning to the Rule of Low.

His three meaning are as below.

1. No one can be punished or made to suffer except for a breach of law proved in an ordinary court.
2. No one is above the law and everyone is equal before the law regardless of social, economic or political status.
3. The rule of law includes the results of judicial decisions determining the rights of private persons.

But in the present constitutions of the world these are not applied in it purest form. Why..............

Just take the present Sri Lankan constitution (1978) as an example.

• Supremacy of the law is no longer recognized. Its the supremacy of the Parliament now.
• Specific regular law is not for everyone. For example Ministers are vested with powers which are not questionable by the courts.
• Primary functions of the state has changed and a new role of Executive has introduced. This affect to the Dice's first meaning in two ways. One is Executive branch of government has wide discretionary powers. Secondly due to vast power executing the Executive regular law is not certain as at Dices.

These same goes with the second and third meanings too.