The Tinkerbell Effect

INTRODUCTION:

Rule of law in simplest terms means law rules, that is, law is supreme. The term ‘Rule of law’ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I’s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

This paper aims to present Dicey’s formulation of Rule of

It is named after Tinker Bell, the fairy in the play Peter Pan, who is saved from near death by the belief of the audience who are told to clap if they believe in fairies and they clapped and Tinkerbell revives back to life. Cameron Stewart uses the Tinkerbell effect to explain why readers should clap for the rule of law doctrine. He has used the Tinkerbell effect to effectively convince his readers to support his argument. He emphasizes the importance of adhering to or clapping for the rule of law because it is so dependent on our belief and imagination. Cameron Stewart has divided his paper into five parts as follows:

Part I- Basic Themes in Rule of Law Theory: Stewart has begun by defining the two essential features of Rule of Law:

i) all people including government should be ruled by law and obey it; and ii) law should be able to guide all the people.

Thus, there are three basic principles central to the Rule of Law, namely: Certainty of law, Generality of law and Equality of

It is the vessel that keeps all other values safe. It is the rule of law that governs us, that protects us when we stand alone against those who disagree with us or do not like us because we are different.

In Dicey‟s time of laissez faire state in 19th Century, a society based on rule of law could be conceived of making general laws and giving minimum or no discretion to the administration. However, in present social welfare state, since beginning of 20th century, the ideas of individual liberty and human rights have gained prominence, and the conception of Rule of Law has expanded accordingly.

A just order cannot be brought about unless laws take into account individuals or groups in society. Also, the administrator who has no discretion in implementing schemes and requirements will result in inequalities and injustice. A modern society has various complex issues which cannot be tackled by uniform laws and without giving discretion to administrators. Thus, if the rule of law stands for justice, its contents must be