Rule of Law

What is the Rule of Law

• No person shall be sanctioned except in accordance with the law

• Equality before the law (no one is above it)

• Fairness and clarity

What us the concept / principle of ROL

• Symbolic idea

• No person shall be sanctioned expect in accordance with the law

• All shall be equal before the law

• Safeguard against dictatorship

• Upholds democracy

• Relies on separation of powers to be in place and in preventing abuse of power

Features of ROL

• Everyone is subject to the law, and no one is above it

• There shall be fairness and clarity of the law

• No person can / shall be sanctioned except in accordance with the law

• Separation of Powers helps to uphold ROL: The Government, Legislature (Parliament) and the Judiciary are separate to enable a system of checks and balances and to protect from 1 branch of power becoming too powerful

• No singe branch of government can exercise unlimited power.

Case Examples of ROL

• (R v Price) - environment minister guilty of perverting the course of justice

• 2 judicial review cases taken forward by Gina Miller, concerning Brexit.