The rule of law
The rule of law is the principle that everyone — including the government — is subject to and accountable under the law, which must be applied equally, be prospective and clear, and operate through fair procedures rather than arbitrary power.
Last reviewed 14 June 2026
A.V. Dicey identified three strands: no one may be punished except for a clear breach of established law; everyone is equally subject to the ordinary law of the land; and constitutional rights stem from ordinary court decisions.
Lord Bingham later restated it as principles including the accessibility and clarity of law, equality before it, access to justice, and compliance with international obligations. It is a core constitutional principle expressly affirmed by s 1 of the Constitutional Reform Act 2005.
Key cases
- Entick v Carrington (1765) 19 St Tr 1029
- R (Miller) v The Prime Minister [2019] UKSC 41
Frequently asked questions
What is the rule of law?
The principle that everyone, including the government, is bound by and accountable under law that is applied equally and through fair procedures, not arbitrary power (Dicey; Bingham).
Where is the rule of law recognised in UK law?
It is expressly affirmed by s 1 of the Constitutional Reform Act 2005 and underpins decisions such as Entick v Carrington.