The rule of law

What are the 3 parts of Britain’s unwritten constitution?

separation of powers

supremacy of Parliament

rule of law

Where did the rule of law begin?

Magna Carta - King not above the Law

Who helps def rule of law?

Dicey

Bingham

Who was Dicey?

19th cent. jurist and constitutional theorist

def jurist

legal scholar

What are the 3 elements of the rule of law put forward by Dicey

no sanction without breach

one law to govern all

rights of individuals secured by judges

def no sanction without breach

no one can be punished without breaking the law

Lord Bingham def of the rule of law

all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws

e.g time when rule of law not followed

treatment of suspected terrorists

pros of rule of law

equality

prevents judges from influence

sovereignty upheld