Contradiction of Dicey's Rule of Law

Atop the law, below the God. The enduring tension between power and law has shaped human societies throughout history. As articulated by A.V. Dicey, the ideal of the rule of law posits that everyone, regardless of status, is subject to the same legal framework. Yet, the persistent reality is that some individuals, through influence, wealth, or position, seem to operate “atop the law,” evading the consequences faced by ordinary citizens. This discrepancy raises profound questions about the very nature of justice and the efficacy of our legal systems. Dicey’s core principles—equality before the law, the supremacy of law, and the absence of arbitrary power—serve as a moral compass for just societies. However, these principles often clash with the realities of power dynamics. Those who wield significant influence, political, economic, or social, can manipulate the system to their advantage. They may exploit legal loopholes, lobby for favourable legislation or employ expensive legal counsel to navigate complex legal proceedings. In corrupt systems, bribery and extortion further erode the foundation of justice, allowing the powerful to operate with impunity.

Certain people have a reputation for being royalty, far too untouchable to ever be held accountable, so we create the fantasy that they are “above the law.” The insular nature of political leaders, religious leaders and celebrities can create a dynamic of untouchability that is hard to overcome in accusations through use of power. There are many of them who bask in the public eye and will be unassailable even under such circumstances; public perception is naturally susceptible to charisma/popularity and so such individuals who have masses into their thrall will not need to atone for their sins. And the complexities of the legal systems along with their slow pace makes everyone feel uneasy and make the powerful feel that they can get away.

At the same time, we should keep in mind that there is nothing better than an imperfectly realised rule of law, as that might be the best protection against tyranny and injustice. These include independent bodies like an unbiased judiciary, an unfettered media, and strong law enforcement agencies to enforce the equality and accountability principles. Such institutions serve as checks on power and ensure that even the top leaders are answerable to the law. Yet, the finality of death emphasises that no one escapes unscathed. The halls of justice may echo with their absence, but the silent tomb anticipate.[a] The accountability is graduated and probabilistic, and this awareness is not lost on believers in divine justice. It is a continuous process in which the rule of law is never guaranteed but always in motion. The pillars supporting a system of justice are built upon the cornerstones of vigilance, transparent processes, and unwavering accountability. In addition, one must develop a citizenry that is willing to carry the burden of power and abuses, and hold the puissant responsible.

The human fascination with power and impunity is a persistent theme in societal discourse. While legal frameworks strive to establish equality before the law, the perception remains that certain individuals, through their influence and resources, operate beyond the reach of conventional justice. But this illusion of invincibility is ultimately shattered by the universal and inescapable reality of death.

Likewise, the concept of individuals being “above the law” is often rooted in the observation of systemic inequalities. As Rose-Ackerman demonstrates, corruption and the abuse of power can create environments where the wealthy and influential manipulate legal systems to their advantage. This perception is further amplified by the slow and often imperfect nature of justice, leading to a sense of disillusionment among the populace. However, this perceived exemption from earthly consequences is a temporary illusion, as the fundamental biological reality of death applies to all. The inevitability of death transcends social constructs that serves as the ultimate leveller. Furthermore, based on Atul Gawande’s explanation in “Being Mortal,” the human body’s finite nature is a universal truth, regardless of status or wealth. The biological processes that sustain life eventually cease, rendering all individuals subject to the same physical limitations. This physical reality, the cessation of heart function and brain activity, is a shared experience that accentuates the transient nature of human existence.

The psychological impact of mortality is profound. The awareness of one’s own demise can inspire introspection and a reassessment of priorities. According to Irvin D. Yalom’s ‘Existential Psychotherapy’, coming to terms with death can give us a clearer sense of life’s purpose. Even people who seem to live their lives without worrying about the law have to face the fact that they are mortal, which is a psychological burden that cannot be lessened by influence or power. Death poses important philosophical issues regarding the meaning of life and the search for justice. Nonetheless, in Thomas Nagel’s essay ‘Death,’ he talks about the philosophical contemplation of mortality leads to reflections on the nature of consciousness and the limits of human understanding. Different philosophical and religious traditions offer varying interpretations of death, but the shared experience of mortality serves as a common thread that binds humanity.

Furthermore, the concept of death acts as a powerful counter to human hubris. In Twilight of the Idols by Friedrich Nietzsche, he critiqued that the pursuit of power and the illusion of invincibility are ultimately futile in the face of mortality. The awareness of death reminds individuals that they are not immune to the fundamental laws of nature, thereby curbing the arrogance that often accompanies unchecked power.

Overall, the persistent perception of individuals operating “above the law” presents a profound challenge to the ideals of justice and equality. While the allure of power and impunity may create a phantasm of invincibility, the inevitability of death serves as the ultimate equaliser, transcending social constructs, psychological barriers and philosophical debates. This universal reality reminds us of the transient nature of human existence and the inherent limitations of human power. However, acknowledging mortality does not diminish the imperative to strive for a just society. Rather, it highlights the importance of upholding the rule of law, despite its inherent imperfections. By reinforcing our institutions, cultivating a culture of accountability and recognising the ultimate limitations of human power, we can work towards a world where justice prevails for all, both in the temporal realm and in the face of the ultimate, unavoidable truth of death.

The article’s exploration of the world’s unfairness reveals a truth that resonates deeply with our shared human experience. We see the patterns: the meticulous solving of problems, only to be confronted with new, often unexpected, obstacles. It is a sense that no matter how diligently we attempt to create order, chaos remains a persistent ever-present force. We feel as though we are constantly running, yet never truly escaping, as if the challenges we face are inextricably linked to our very existence. This ongoing struggle forces us to confront the nature of our reality. It is a reminder that life is not a static state of harmony, but a vigorous process of adaptation and resilience. While some may believe they have escaped justice, there is one certainty they, and all of us, face: death. The ultimate unavoidable end. Even for those who reject the idea of a higher power or in short, an atheist, death’s reality remains where the body fails, the mind ceases, and existence concludes. They might circumvent human law, but mortality is inescapable. Consequently, no matter how assiduously they strive to avoid the consequences of their actions, death will inescapably transpire. Godspeed. Written by: Huriyyatus Shofa' Binte Muhammad Abdul Hakim Edited by: Lam Zi Wei