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Dicey's Criticism Of The Anti-Terrorism, Crime And Security Act

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but justness of laws themselves. Even a very undemocratic nation can exist with laws that may not be just and fair.
Recently, there are several controversial Acts of Parliament which seem to have contradicted the second principle of the rule of law enacted during the decade. The Anti-Terrorism, Crime and Security Act 2001 provide for confinement without charge or trial for non-British terrorist suspected of links with international terrorism. This is a specified law against the non-British people which contradict the second principle of the rule of law. Moreover, the Constable Protection Act, 1750 gave special immunity to police officers. Government officials enjoyed wide discretionary powers under the Public Health Acts to enter private properties.
Dicey’s third principle of rule of law although still very much relevant has its own loose ends. While it is recognized that legal recognition to rights of individuals provided by the common law is effective, but, there is a value in declaration of individual’s basic rights via a document such as Constitution and in creating judicial procedures for protection of those rights. Further, Dicey gave a one sided view because in England people have got many rights through the laws of Parliament and Charters issued by the Monarchs. Various public …show more content…

Critics argue Dicey considered that discretion is inconsistent with the rule of law. As per them, Dicey failed to distinguish between discretionary powers and arbitrary exercise of discretionary power. Arbitrary power is always repugnant to the rule of law while discretionary power is not inconsistent with rule of law, unless exercised improperly. Even during his time there existed laws for Preventive detention, Emergency situation, Compulsory acquisition of goods and properties and empowered State to exercise discretion in a wide

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The colonists believed that they had the right to be represented in the British Parliament, which had the power to pass laws that affected their lives. This was a critical democratic feature because it recognized the importance of the people's voice in the decision-making process. However, the British government did not share this view and believed that the colonists did not have the

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James Otis had written a document “the rights of the British colonies” after parliament had passed the sugar act in 1761.Otis argued that it is the people that give power to the government. Otis also argued that if a government is found “incorrigible” , the “government should be disposed by the people.” Otis also argued that parliament deprives the colonists of their most essential rights as free man because of all the taxes parliament was enacting. But Otis did believe that “parliament has the authority to make laws for the general good of the colonies.”

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After reading the document "The Rights of the British Colonies Asserted and Proved" wrote by James Otis, I agree with the contemporaries of Otis that the document was written to challenge the authority of the king and parliament. In the document, Otis argued in favor of the natural rights. He believed that each individual should carry his or her own judgments; these judgments should be valued regardless of the physical power, wealth or property the individual possesses. He questioned the king and parliament by raising the discussion about the relationship between authority and property; since authority confers property, as he believed, the government should give independence to its people to earn respect and to avoid future conflict. Otis believed that British colonies should have the rights to rule their own land and to protect its people from forced slavery.

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