Lecture notes
Rule of Law and Public Bodies
- Module
- Public Law (LAW109)
- Institution
- The University Of Liverpool (UoL)
Lecture notes on the Rule of Law and Public bodies
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The Rule of Law and the JudiciaryConstitutional Reform Act
- Created special ministerial duties [ss3(1), 3(5)]
- Supreme court [part 3]
- Judicial Appointments and disciple [Part 4]
Two controversies:
1. Do ministerial duties to the rule of law go beyond judicial independence?
2. How far does the duty to defend judicial independent stretch?
“the constitutional right of access to the courts in inherent in the rule of law”
(Lord Reed, speaking for a unanimous court, in UNISON [66])
- Everyone must have access to the courts
- Our legal system requires lawyers to prepare, present and argue cases, and impartial
judges to decide
- This is expensive
- Legal aid is therefore a prerequisite of the rule of law
Rule of Law and the Executive
- “Government according to law”
- Entick v Carrington (1765) 1 Wils.K.B.275
“one can conveniently classify under three heads the grounds upon administrative action to
subject to control by judicial review.”
- The first ground I would call “illegality”
- The second “irrationality”
- The third “procedural impropriety”
Rudzewicz V Secretary of State for Justice [2012] EWCA Civ 499
- Section 25 (ii) appears to confer an unfettered discretion on secretary of state and it
is at least in the absence of special circumstances, inappropriate for the court to
treat statutorily conferred discretion.”
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