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
The Rule of Law is a legal standard that requires the government to use its power according to well-established, clearly defined rules, regulations, and principles of a given society. In other words, “the highest level of authority is a body of law that applies equally to all” (Shafritz, Russell, & Borick, 2016, p. 188). This means that the government and its officials are accountable to the laws of the land. That being said, the laws are only as good as the intentions of those who are interpreting them.
the laws it chooses, 2. the rule of law, which says that laws must be
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.
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
meaning of the rule of law is a state of order in which events conform
An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution.
Separation of powers reinforces the way in which powers are used by the bodies of the state and it divides governmental powers between the legislative, the executive and the judiciary in order to prevent abuse of powers in all three bodies. In order to prevent abuse of power, Queen’s powers has been limited as before Queen had more personal power.
Administrative Law is a recent phenomenon. The Rule of Law first evolved in England. The people had a certain mistrust regarding the growth of administrative process and specific laws governing the same. The people refused to recognize this administrative law and used Rule of Law as a weapon to halt its growth. Rule of law was introduced in England by A.V. Dicey.
The Rule of Law is a three part principle that states people are obligated to have laws applied and enforced fairly in all situations, with exceptions to contradicting situations that are in accordance to the law. In sum, the Rule of Law successfully attempts to portray the fact that no one is above the law.
Frank A. Easterbrook, ‘Legal Interpretation and the Power of the Judiciary’ [1984] 7 Harv. J.L. Pub. Pol’y 87 http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjlpp7&div=18&id=&page= accessed 14 February 2012. J. A. Holland & Julian Webb, Learning Legal Rules, 6th edn, Oxford 2006, pp. 113-117.
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 grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
I am going to start by defining what the rule of law is. It is the principle that says that no person or government institution is above the law. Everybody has to obey the law without exception. The rule of law contributes to the economy growth for these aspects. It is important for capitalism. The necessity of long-term agreements and contracts requires the use of law, the law protects both buyers (they will get what they pay) and sellers (legal competitive market). Another reason is that people have the opportunity to have a job and receive a salary for their work. The law protects workers and ensure that they receive the fruit of their work (wage) according
Modern interpretations can be traced back to the end of the 19th century. One of the most prevalent authorities on the Rule of Law is AV Dicey in the “Introduction to the Study of Law of the Constitution where he expounded three main principles ; “It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power… It means, again, equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts…The rule of law, lastly, may be used as a f...
In the United States, states and people follow the laws because the government has a way to enforce cooperation, by threatening punishment on those who break the law. The enforcement of laws is how most institutions promote cooperation. At the international level, however, there is no central authority that has the ability to make and enforce laws, in other words it is an anarchy. For example, countries like Russia or the UK do not have to do what the United Nations tells them to, since they cannot enforce anything. Because of the lack of enforcement, cooperation has to be self-enforcing, meaning the states have to punish the defectors and take responsibility when they don’t cooperate.