rule of law

what is the main principle of the rule of law?

all people are subject to and accountable to law that is fairly applied and enforced

what is the rule of law?

safeguard against a dictatorship and supports a democracy - government and officials are accountable under the law

who came up with the best explanation of the rule of law in the 19th centruy?

A.V. Dicey

what are Dicey’s 3 components of the rule of law?

no sanction without breach - no one should be punished unless they have broken the law
one law should govern everyone - everyone (including the government) is equal before the law
rights of individuals are secured by judges - engages with idea of judicial precedent

which act recognised the rule of law and its importance of the independence of the judiciary?

constitutional reform act 2005

what are examples of breaches of the rule of law?

John Hemming MP disclosed name of famous footballer subject to an injunction by using parliamentary privilege
conservative MPs wanted to ignore a ruling by ECtHR that UK prisoners be given the right to vote

what are examples of upholding the rule of law?

s.1 of constitutional reform act - doesn’t affect ‘constitutional principle of law or lord chancellor’s existing constitutional role in relation to principle’
s.17(1) of act - oath to be taken by lord chancellor respect rule of law/defend independence of judiciary