Rule of law

Police arresting you

There should be a legitimate reason

Strict procedures to be followed

Clear rules

Principles of ROL

1. no person shall be sanctioned except in accordance with the law

2. equality before the law

3. fairness and clarity.

Evans v AG 2015,

SC ruled that correspondence between Prince Charles and government ministers should be made public under the Freedom of Information Act and said it was “fundamental to the rule of law” that decisions and actions of the executive are subject to review in a court of law.

Diceys rule of law

-absence of arbitrary power on the part of the state

-equality before the law

-supremacy of law

Problem with Dicey’s Rule of Law

It conflicts with Parliamentary Supremacy.

That is:

Act of Parliament can overrule any other law.

No other body has the right to set aside an act of Parliament.

Von Hayek

Absence of arbitrary power on the state

Weaker Rule of law- because of actions of State- authorised by legislation- lawful

More interventionist state- modern state

Joseph Raz

1.Clear rules and procedures for making law

2.Independence of the judiciary

3.Principles of natural justice

4. Judicial review

Constitutional Reforms Act 2005:

Changes in England’s legal system by 21st century.

Recognised rule of law and the importance of Judicial Review.

Government can also make regulations through statutory instruments, ie; delegated legislation. Checked by:

1.Parliament must pass an act granting power to make regulations.

2. Powers of parliament to scrutinize and check.

3. Judicial review of these regulations.

Criminal System:

fair trial for every defendant in criminal case.

Trial by Jury: important for maintaining fairness and protecting citizen’s rights

No person can be imprisoned without a trial.

Civil system

People should be able to resolve their disputes through civil justice system.

Free from discrimination

Free from corruption

Accessible and affordable

Not under the influence of public officials.