Which among the following are the opinions of Prof. Dicey about the rule of law?
A. There should be the absence of discretionary power because it makes room for arbitrariness.
B. A person should suffer only for a breach of law.
C. Rights must flow from customs and traditions recognized by courts.
D. There was Administrative Law in England.
E. Dicey considered that special administrative courts in France reflected the rule of law.
Choose the most appropriate answer from the options given below:

Correct option is D

Prof. A.V. Dicey, in his classic work "Introduction to the Study of the Law of the Constitution" (1885), gave a threefold meaning to the Rule of Law:

First, there should be the absence of arbitrary power or discretionary power; government officials must act according to the law.
Second, a person should only suffer punishment for a breach of law, implying equality before law and legal liability only under established laws.
Third, the rights of individuals are not granted by the Constitution but emerge from common law traditions — meaning rights flow from customs recognized by courts.

D is incorrect because Dicey asserted that England did not have a separate system of Administrative Law, unlike France. Instead, he believed ordinary courts should handle disputes involving the government, not specialized administrative courts.

Information Booster:
Dicey’s Rule of Law includes:
• Supremacy of law: No one is above the law.
• Equality before law: Equal subjection of all classes to ordinary courts.
• Predominance of legal spirit: Rights arise from judicial decisions, not written guarantees.