Rule of Law

Rule of Law

The Rule of Law is a fundamental principle of the UK legal system. It holds that everyone, including government officials, is subject to the law, and that laws are applied equally and fairly.

Key Features of Rule of Law

Supremacy of law: No one is above the law.

Equality before the law: All individuals are treated equally.

Access to justice: Citizens must have access to fair legal processes.

Importance: The Rule of Law ensures legal certainty, protects individual rights, and prevents arbitrary governance.

A.V. Dicey (1885)

Dicey's classical theory of the Rule of Law outlined three main principles:

No one is above the law: Even government officials must obey the law.

Equality before the law: All individuals, regardless of status, are equal before the law.

The constitution is made by the ordinary law of the land: The UK does not have a codified constitution, and legal rights are secured by common law and statutes.

Key Point: Dicey's view of the Rule of Law emphasizes legal certainty and subordination of government power.

Tom Bingham's 8 Principles of the Rule of Law

In contrast to Dicey, Tom Bingham emphasized a broader, more modern interpretation of the Rule of Law. He outlined 8 principles:

The law must be accessible, clear, and predictable.

The law must apply equally to all, and no one is above the law.

The law must be applied in a way that upholds fundamental human rights.

The rule of law must be effective in practice, not just in theory.

The laws must be applied consistently and fairly.

The law should provide for access to justice.

Government action must be authorized by law.

The rule of law must be upheld in the context of democratic governance.

Key Point: Bingham's approach is more inclusive and highlights the accessibility of the law, along with the importance of justice and fairness in the rule of law.

Comparison of Dicey and Bingham

Both scholars emphasize the importance of the Rule of Law but differ in their approach and focus.

Dicey: Focuses on legal supremacy and equality before the law.

Bingham: Focuses on practicality, accessibility, and human rights.

Key Point: Dicey is narrower, concerned with formal equality, while Bingham is broader, emphasizing justice and human rights.

Rule of Law and the Constitution

The UK's constitution is unwritten (or uncodified), and the Rule of Law is a fundamental principle that upholds its operation. In practice, the Rule of Law shapes how laws are interpreted, ensuring fairness in the legal system.

While the UK Parliament has sovereignty, the Rule of Law ensures that laws are made and applied in a way that protects individual rights and prevents government overreach.

The Importance of the Rule of Law

Prevents arbitrary power: Ensures government actions are lawful.

Protects individual rights: Guarantees that citizens can access justice.

Ensures fairness: Law must be applied consistently and equally to all.

Example: R (on the application of Evans) v Attorney General (2015), where the court held that the Attorney General's decision to block the publication of certain information was not lawful under the Freedom of Information Act.

Other Views on the Rule of Law

F.A. Hayek: Argued that the Rule of Law should prevent arbitrary power and ensure laws are general, predictable, and non-discriminatory.

Lord Bingham: Stressed the importance of the legal system providing access to justice and ensuring government accountability.

The Rule of Law is a dynamic concept that has evolved over time, and different scholars highlight its various functions in protecting liberty and ensuring fair governance.