Which of these is not a major characteristic of the rule of law?

1. Analyze the question You are asked to find the option that is NOT a major characteristic of the rule of law. So we look for the one that is not a core feature of the concept as explained by A.V. Dicey.

2. Explain the concept The rule of law means that everyone, including government officials, is subject to the law, and that the law is applied fairly. According to Dicey, its main features are:

• Supremacy of the law: no one is above the law, and the law is the highest authority, not the whims of individuals.
• Equality before the law: all persons, whatever their rank or status, are treated the same by the law and the courts.
• Fair hearing and an independent judiciary: courts must be free from interference so that justice is delivered impartially.
• Fundamental human rights protected by the law.
• Absence of arbitrary power: no one is punished except for a breach of law established in court.

3. Go through the options

• A. Judicial independence: this is needed so that courts can enforce the law impartially. It is a characteristic of the rule of law.
• B. Separation of powers: this is a separate constitutional principle (Montesquieu) that divides government into the executive, legislature and judiciary. It is related and supports the rule of law, but it is not itself a defining characteristic of the rule of law in Dicey's formulation.
• C. Equality before the law: this is a central feature of the rule of law.
• D. Supremacy of the law: this is the foundation of the rule of law.

4. Answer The option that is not a major characteristic of the rule of law is B. Separation of powers.

5. Exam tip Do not mix up the two concepts:

• Rule of law (Dicey): supremacy of law, equality before the law, fair hearing, rights.
• Separation of powers (Montesquieu): three arms of government checking each other.

When a question asks for the "odd one out" in a rule of law list, look for the option that belongs to a different doctrine.