Critically assess the importance of the rule of law in the UK constitution The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”. Although there are many more modern conceptions of the rule of law, I will begin by speaking about A.C Dicey’s conception of the Rule of Law (ROL). Dicey developed three well known principles to explain how the ROL functions. The first principle can be summarised to ‘no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land.’ What this essentially means is that no one can punished unless it is through the courts and they determine whether the law was breached. Dicey’s second principle of ROL concerns equality; “every man whatever be his rank or condition is subject to the ordinary law of the realm and amendable to the jurisdiction of the ordinary tribunals” …show more content…
One such case is R v Rimmington (2006) where Lord Bingham said that conduct forbidden by law should be clearly indicated so that a person is capable of knowing that it is wrong before he does it and that nobody should be punished for doing something which was not a criminal offence when it was done. Moreover Lord Bingham and Lord Walker in the Privy Council decision in Sharma v Brown-Antoine (2007) said that the rule of law requires that, subject to any legal immunity or exemption, the law should be even-handed and apply to all
Newton believes that everyone should have the same opportunities in life, but if some because of the circumstances of their lives get a priory or some kind of special treatment then at the moment is a violation of the one who didn’t get that chance. She uses equality before the law and moral idea of equality, with this to two terms she illustrate how when equity under the law is violated to achieve moral equity, then the one doing it undermine the goal of moral equity.
the laws it chooses, 2. the rule of law, which says that laws must be
The rule of law, originally coined by A V Dicey in the 19th century, is the
The Rule of Law has always been a widely discussed topic throughout the history of modern political thinking. It can be defined as, “the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law” (Dictionary.com). English philosopher John Locke and Genevan philosopher Jean-Jacques Rousseau have both developed well-rounded and detailed accounts on the Rule of Law and its crucial role in ensuring democracy and freedom in society. Despite the undeniable success and importance of their works and ideas, I believe ________ constructed a more persuasive and influential argument in explaining the extensive effects of the Rule of Law on government and society.
Law has no existence for itself; rather its essence lies, from a certain perspective, in the very life of men.
Culver, Keith Charles. Readings in the philosophy of law. 1999. Reprint. Peterborough, Ont.: Broadview Press, 2008. Print.
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
The pari passu principle is derived from the maxim ‘equality is equity’: ‘The maxim that equality is equity expresses in a general way the object both of law and equity, namely to effect a distribution of property and losses proportionate to the several claims or to the several liabilities of the persons concerned. Equality in this connection does not necessarily mean literal equality, but may mean proportionate equality.’
Since even the earliest civilizations, there have been laws. Laws are a fundamental part of our government. They help the average citizen navigate through life when situations arise and accidents happen. They are there as guidelines for safety and overall well-being of a society. A citizen has the power to seek justice through the help of our court system. The legal system also determines the consequences for citizens who break the laws. For the “average citizen” the legal system is right and just.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
It would be obvious that the freedom to steel would be incompatible with the ability to own property, for example. This statement is qualified slightly, however; that it only applies universally when all else is equal. If one person or entity is to be granted some kind of additional freedom, for it to be just, it must not be granted arbitrarily. The burden of proof would then be put on the entity receiving the additional freedom to justify the existence of such an additional freedom. The second principle then would govern how such exemptions should be made
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that is founded upon universal and neutral rules. Endicott argues that communities can never adequately achieve the rule of law because “it requires, among other things, that government officials conform to the law. But they may not do so, and presumably there is no large community in which they always do so” (Endicott, 1999, p.1). Consequently, an area of rule of law is explored by Aristotle’s critique of Plato’s philosopher-rulers theory and his defence and understanding of the rule of law.
To begin, we must understand the meaning of the rule of law and why the UK courts implement this constitutional principle in day to day practice. British jurist and constitutional theorist A.V. Dicey paved the way for much of our understanding of the rule of law we know today; giving a strong starting point for academics such as Lord Bingham and Joseph Raz whom later on developed the formal and substantive theories of the rule of law. Dicey has three key principles: no punishment unless there is a breach of the law; Law should not be exercised arbitrarily; and there should be a consistency in the creation of law. Dicey simply means that an individual should be aware of laws which apply to them, they are free to act as they please, whether they
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.