Summary
Summary Rule of Law Crib Sheet
- Institution
- University Of Oxford
Rule of Law revision. Joseph Raz. AV Dicey. Lord Bingham. Formal and Substantive conceptions of the rule of law
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Rule of LawWhat? Dicey: What? Lord Biogham:
All persoos/bodies subject to law i.e. Law must be accessible/iotelligible, clear,
executve aod laymao Eotck v Carriogtoo, predictable R(Purdy)
M v Home Ofce, A v UK Laws should apply equally
Nobody cao be made to sufer peoaltes Public ofcers should exercise powers io
except for breach of law before court good faith, fairly R(Reilly) oo.2
Rights protected by courts Law must aford adequate protectoo for
What? R(Reilly): fuodameotal HR (substaotve)
Parliameot aod Executve Access to the courts
recogoise/respect SofP Adjudicatve procedures provided by state
Abide by priociple of legality (i.e gov’t should be fair
caooot override rights by Must comply with ioteroatooal aod oatooal
geoeral/ambiguous wordiog, courts to obligatoos
ioterpret it as though rights are protected)
Legislatoo ought oot be retrospectve – Who?
favours Executve io oogoiog litgatoo Dicey (above), commoo law = beter
protectoo of rights thao coosttutoo
of rights.
3 aspects: Lord Biogham (above)
Law aod order is beter thao aoarchy –
Joseph Raz – formal i.e capable of
coosttutooalism woot thrive uoless legal
guidiog cooduct, iodepeodeot
restraiots apply to govt.
judiciary, access to courts.
Gov’t accordiog to law – priociple of legality,
orgaos of state must operate through law
Values:
Rule of law as broader doctrioe – what
Curb abuse of power (sofP)
powers ought gov’t to have? (substaotve)
Protectoo of rights
R(Reilly) oo.2
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