Rule of Law is one of the most important chapters of Public law, and it is one of the most asked questions of public law. This is the essay that helped me get a distinction and understand the chapter. It has been constructed from the material of a lot of books and it has everything that you need to...
Discuss the meaning of the ‘rule of law’, and assess how its values are accorded protection in
British constitutional law
The rule of law was first advocated be Aristotle where he stated that “ It is more proper that
law should govern than any one of the citizens: upon the same principle, if it is advantageous to
place the supreme power in some particular persons, they should be appointed to be only
guardians, and the servants of the laws”. This means that the law is above all men and every
man shall be accountable for his actions before the law. Rule of Law is one of the most
fundamental principles of UK, it can be thought of as a procedural device that lays down the
rules or limits for those in power of how to rule under the law. Lord Bridge in Bennett(1994)
“ there is I think no principle more basic to any proper system of law than the maintenance
of rule of law itself. John lock went on to say that wherever and whenever Law ends,
tyranny begins. The crux of the rule of law for some theorists is that the government or the
executive cannot exercise a power unless the law allows it, this is the narrow version, the
broader version being that no one can exercise a power unless the law allows it. In the
words of AV Dicey we need a government of law not a government of men.
The importance of rule of Law in the United kingdom can also be seen from the fact that in
The Constitutional Reform Act 2005 by virtue of Section 1(1) expressly states that “nothing
in this act shall detract from the existing constitutional principle of the rule of law”, this act
does not offer a clear definition of the Rule Of law. However Lord Thomas Bingham stepped
up to offer a denintion of the rule of law and defined it by breaking it down into 8 points.
The first of these points is that law should be clear, accessible, intelligible and predictable,
what this means is that there should be clarity in law so that the people must know their
rights and obligations as Lord Donaldson MR stated in Merker Island Shipping Corporation
V Laughton (1983) “absence of clarity is destructive of the rule of law : it is unfair to those
who wish to preserve the rule of law, it encourages those who wish to undermine it”.
Law should be predictable as it is of utmost importance that the people should know what
laws are to be expected and what can be criminally liable. In UK the predictability was by
article 7 of ECHR increased, which was against passing of a law that has a retrospective
affect, supported by cases like R V Remington, R V Goldstein (2006). Before this in Burma
Oil V Lord Advocate(1965) parliament legislated retrospectively by introducing War
Damage Act 1965.
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