The principle of rule of Law is a historical phenomenon.

The principle stands against

rule by personal whims and caprices of the monarchies. Under the monarch regime,
it is rule by man that prevails as opposed to rule of law. Traditionally, rule of law,
as propounded by Dicey means Supremacy of the law and equality before the law.
However, Constitutional scholars raised many criticisms that if rule of law is to
mean supremacy of the law there is a big possibility for tyrannical leaders to put in
place tyrannical laws so that they enforce them tyrannically 1.

The doctrine of the rule of law was formulated by a French jurist Albert Venn Dicey.The rule of
law is a principle which demands that all conducts of the state, including those which affect the
rights and freedom of individual in the civil society should conform strictly to the law,
procedure and limitations prescribed by law. In other words, before the government can take
any action it must make sure that it has the mandate and power of doing so under the law 2.
First, he strongly advocated for absolute supremacy or predominance of regular law which
authorizes such action it is important to enact one. Dicey provided basically, two requirements
of the rule of law. First he strongly advocated for absolute supremacy or predominance of
regular law as opposed to the influence of arbitrary powers and discretion.

-first principle implies that those who manipulate or exercise the powers of the state should not
rule by personal whims but by Law. The source of authority or powers should be the law.

The second requirement or basic principle of rule of law, Dicey stared, is Equality before the
Law. This means that all classes of people without regard to their colour, nationality, status,
religious or political preference or any other reasons should be treated equally by the law and
before the Court of law. There should not be special Courts for only certain classes of people
administering separate and different type of justice in the same state. In M V. HOME OFFICE 3 ,
it was held that the executive was not above the law and that the Secretary of State was not
entitled to claim Crown immunity. Dicey also did not like the French system where government
activities were dealt with by separate administrative courts. He considered this to be too partial
to the government and inferior to ordinary courts of law.
1
Shivji I.G, Constitutional and Legal system of Tanzania.
2
A.V.Dicey, Introduction to the Study of the Law of the Constitution, London Macmillan and Co. (1885)
3
(1994) 1 AC 377 HL