Lecture notes
Rule of Law (+articles and cases)
- Institution
- University Of Oxford
What is the Rule of Law? Substantive vs Formal Conceptions of the Rule of law? Joseph Raz, Lord Bingham, A.V Dicey and other's on the Rule of Law
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Tutorial 5 – The Rule of LawConstitutional Reform Actt 2005, s1ti
This Act does not adversely afect—
a) the existnn consttttonal rinci le of the rtle of law, or
b) the Lord Chancellor's existnn consttttonal role in relaton to that rinci le.
BUT there is no guidance in the legislaton about what the principle is/what it requires
At its most basic -> rtle of law, means that a society is rtled/noverned by law,. Relatons
amonn eo le/ornanisatons of a society are administered accordinn to law,.
Bradley & Ew,inn “law, and order is beter than anarchy”
Aristotle “it is beter for the law, to rtle than one of the citiens”
Im licit in the idea that w,e shotld be rtled by law, is the idea that w,e shotld be rtled law, is
the idea that w,e shotld be rtled law,ftlly -> nov’t shotld act law,ftlly and be botnd by the
law,.
Barnet “the essence of the rtle of law, is that the sovereinnty or st remacy of law, over
D ic e y 's t h r e e m e a n in n s o f t h e
man. The rtle of law, insists that every erson – irres ectve of rann and statts in society –
be stbject to the law,”
The rinci le that all are stbject to law, also stnnests that the law, shotld a ly eqtally to all.
Eqtality before the law, is nenerally acce ted as im licit in the ideal of the rtle of law,.
R t l e o f L a w,
No tnishment w,ithott a breach of
the law, and the absence of w,ide
discretonary novernmental ow,er
The law, shotld a ly eqtally to all
and no one shotld be exem t from
the law,
The rtle of law, rtns throtnht the
constttton and rinhts are derrived
from case law, rather than a
consttttonal doctment.
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