SECONDARY SOURCES

Lord Bingham, ‘The Rule of Law’ (2007)

• Defines rule of law as a core constitutional principle: laws must be clear, accessible, and apply to all, including the government.

• importance of fair trials, lawful power use, and resolving disputes without undue cost or delay.

• Warns against judicial activism and non-disclosure of evidence

• Critiques legislative complexity and vague judgments- threats to legal certainty.

• Argues rule of law must hold firm even in national security cases-prevents executive overreach.

  Essays:

• Defend legal certainty and fair trial rights

• Challenge executive overreach

• GCHQ

Craig ‘Competing Models of Judicial Review’ [1999]

• Compares common law illegality model vs. ultra vires doctrine as bases for judicial review.

• Argues common law model better reflects court practice and aligns with the rule of law and sovereignty.

  2 models:

  • Red-Light – courts as checks on government, upholding legal limits.

  • Green-Light – courts support efficient governance, favouring administrative discretion.

• Critiques both models-neither captures reality of judicial review.

• Proposes a flexible, context-based approach to judicial review for modern governance.

Independent Review of Administrative Law (2021)

• Reviews judicial review’s role in UK constitutional law, including issues of non-justiciability and reform.

• Notes rise in judicial review claims-concerns about balance between courts and executive.

• Affirms judicial review is vital for the rule of law and access to justice.

• But codifying judicial review threatens necessary judicial flexibility.

• Recommends reform that’s clear and accountable-especially around prerogative powers.

• ach (GCHQ, Belmarsh cases).

• Can contrast with views that favor executive discretion in emerg