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ecember 2022 Lisa James and Jan van Zyl SmitSummaryThe rule of law supports democratic functioning, protects rights, and provides the co. ditions necessary for economic stability and growth. It is a fundamental principle underpinning the U. shared between politicians, officials and the publicwith mi.
The Rule of Law is an important contribution of the British Constitution. It means that in the eyes of the law all persons, whether big or small, the highest government official or ordinary citizen, a big capitalist or a poor man, are equal. It also means that in the eyes of law, there is no privileged class.
- Introduction
- A. The History of The Rule of Law
- B. Defining The Rule of Law
- C. Content Free Or Content Rich?
- D. Dicey and The Rule of Law
- E. Is The Rule of Law A Useful Concept?
- F. Judicial Interpretation of The Rule of Law
- G. The UK Legal System and The Rule of Law
- Cite This Module
The 'rule of law' is widely accepted to be a critical part of an effective constitution; its principle function is to constrain government action. It is a topic that has been subject to a significant amount of academic debate, so this module aims to summarise a number of the main academic arguments on the subject. There is a significant disagreemen...
In the late Roman period, the view was established that royalty was above the law and subject only to the law of God and not to other men. The path to the institutionalism of the rule of law advanced and then at times was weakened. The Magna Carta 1215 enshrined the principle that the King was not above the law. Barons demanded that King John accep...
Throughout the 20th century, the rule of law has become a term of widespread academic debate, court judgments and parliamentary debates. It is referred to in section 1 of the Constitutional Reform Act 2005, the preamble to the European Convention on Human Rights 1950 and the preamble to the Treaty on European Union. Lord Bingham‘The Rule of Law’ (2...
There remains a number of important questions regarding the ‘rule of law’, one important one being whether it should be content free or content rich? Joseph Raz, ‘The Rule of Law and its Virtue’ (1977) 93 Law Quarterly Review, 195, 210-11, argues for the former view. He argues that the rule of law should only be about the form and procedures by whi...
A.V. Dicey, Introduction to the Study of Law of the Constitution(1885; 10th edn., Macmillan & Co., 1959) pp.187-95. Dicey writing about the rule of law in the 19th century still has significance in today's debates. For Dicey, the rule of law was a particularly British achievement, marking out the United Kingdom as superior to other countries. For D...
John Griffiths(1918-2010) 'The Political Constitution' (1979) 42 Modern Law Review, 1, 15; Individual rules of law may be good or bad, but 'the law' is undeniably good and should be upheld to prevent chaos. The Rule of Law has been misused to justify upholding the status quo. It is used to criticise those who state they are against the Monarchy, or...
Historically, constitutional lawyers have extolled the virtues of the UK's adherence to the Rule of Law. In countries with codified constitutions, judicial responsibility for the rule of the law is their power to interpret, and apply terms of the constitution. In the UK, without a codified constitution, the judges apply the common law to protect th...
Arbitrary and wide discretionary powers
Statutory provisions often afford public bodies the discretion to act in ways they consider to be reasonable. This discretion can be wide and arbitrary, which provides a threat to the rule of law. This occurs frequently in relation to issues of national security and immigration issues regarding suspected terrorists. The following statutory powers are relevant here: 1. Section 3(5)(a) Immigration Act 1971 provides that an individual may be deported if the Secretary of State deems their deporta...
Privileges, immunities and the rule of law
Equality before the law is potentially undermined by special powers, privileges and immunities from ordinary law that Parliament has granted. 1. Article 9 of the Bill of Rights 1689 affords MPs absolute immunity from actions in the tort of defamation arising out of anything said or done in the course of parliamentary debate or proceedings. 2. The International Organisations Act 2005 provides immunities and privileges on a number of international organisations and bodies, as well as certain ca...
The judicial extension of the criminal law
Dicey argued that 'a man may with us be punished for a breach of law, but he can be punished for nothing else'; hence the courts should not be able to extend criminal offences laid down by parliament. In Shaw v DPP[1962] AC 220, Shaw published a directory, which contained the names and addresses of female sex workers. He was charged with conspiracy to corrupt public morals; conspiring with advertisers. After being convicted he appealed on the grounds that there was no such offence as 'conspir...
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Jul 3, 2019 · The other exception is frequently described as “The Rule in Strong v Bird” . Where an incomplete gift is made during the donor’s lifetime and the donee is the executor under a will or the administrator in the case of an intestacy, the vesting of the property in the donee in either capacity can be treated as the completion of the gift and will override the claims of the beneficiaries of ...
In a keynote speech at Gray’s Inn on 15 February 2022, I. Stephanie Boyce, president of the Law Society, set out her view of what the rule of law means. The rule of law is at the heart of what it means to be a lawyer. Stephanie’s speech addressed different understandings of the rule of law, and the perception that it can clash with how ...
1. Introduction. Laws and exceptions seem to be in conflict. A law is supposed to be universal, applying at all times and places, whereas an exception must be a contravention of such universality. It might seem that if there is an exception, then there is no universality and we cannot, for that reason, have a law in the first place.
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Feb 8, 2020 · The rule of law is the result of the struggle of British people for recognition of their fundamental rights. In the United Kingdom (U.K) the meaning of the rule of law is defined as under: “Rule of law indicates that none of the people is above or below the law”. All the persons are equal in the eyes of the law. If any person violates the law.
