Rule Of Law Essay

1020 Words3 Pages

Introduction
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Overview of the rule of law
The rule of law has two common basic concepts which are that everyone is both equal and subjective to the law. The Oxford Dictionary of Law defines the rule of law as the supremacy of law. Another definition of rule of law is given by Lisa Webley and Harriet Samuels which states that the rule of law is a theory or a doctrine that describes the extent to which …show more content…

Every action of the government will be assessed under the rule of law and it will not be able to mediate in certain cases. Also, with the rule of law existing, the people will not be under a dictatorial rule as the government cannot exercise their power at their own wishes.
Thomas Hobbes
Apart from Hayek, Hobbes was another philosopher who did not support the idea of a rule of law system. The reason for this is because with this doctrine the government has limited powers and the country becomes liberal. He believes that absolute monarchy is more effective than the rule of law as either the King or the Queen can make their own decisions as well as perform any action without the law interfering.
Lord Bingham
Lord Bingham’s definition of rule of law in some way is similar to that of A.V. Dicey’s explanation. However, his interpretation of the rule of law is in tune with the modern era. He breaks down the rule of law into eight sub-rules which are:
1. The law must be accessible and so far as possible, intelligible, clear and …show more content…

Adjudicative procedures provided by the state should be fair.
8. The rule of law requires compliance by the state with its obligations in International law.
T.R.S Allan
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
Ways which the English Legal System encompass the doctrine of the rule of law
What makes an Impartial Judiciary so important?
Lisa Webley and Harriet Samuels defined the separation of powers as a theory or doctrine that describes the way in which a state organises the distribution of power and function between its different parties. The separation of powers is divided into three branches which are the executive, legislative and Judiciary.
Impartiality means that the judge should not show bias to any of the parties. The two parties should be treated in the same way in terms of equality. Additionally, both parties should be given similar opportunities to submit their cases.
The judiciary should not only be impartial when dealing with cases but independent too. Whenever cases are being assessed, both impartiality and independence should go hand in hand to avoid

Open Document