Rule of law in the United Kingdom
The
Among recognised academics in this field are
, who have proposed contrasting ideas about the scope of the rule of law: specifically, whether the emphasis is on legal form or substantive content and normatively if it should be.Ideas
The rule of law is emphasised through many separate ideas. Among them are that
The specific checking of arbitrary power is its oldest and most definitive concept as a consequence of
To no one will we sell, to no one deny or delay right or justice.
This was by the 14th century interpreted by Parliament as guaranteeing trial by jury.[3][4]
Similarly, in Scotland, a parliament evolved. Before its union with England and Wales in 1707 the Parliament of Scotland was long portrayed as a constitutionally defective body[5] that acted merely as a rubber stamp for royal decisions, but research during the early 21st century has found that it played an active role in Scottish affairs, and was sometimes a thorn in the side of the Scottish crown.[6]
The enforcement of the doctrine of
The
After ordinary executive decisions were delegated, such as to a
Prevention of crime
Law and order requires the prevention of crime as well as the contribution of authorities, and as such it does not matter by what means these are achieved, or what the characteristics of the law are. This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within the dictatorial framework.
Legal form
This is identified by Dicey as part of his first conception: "a man may with us be punished for a breach of law, but he can be punished for nothing else".[2]
Substantive content
Any substantive version of the rule of law as it applies to the United Kingdom asks normative questions about what rules the government should be under, rather than merely ensuring it follows those it is under. The rule of law is thus likely to be invoked when considering controversial powers of the government that stray from precedent, depart from the
This interpretation is particularly controversial. If the rule of law is to enforce specific "constitutional" or "core" rights, what they should be is difficult to decide. Among them are questions of whether ideas such as the right not to be held indefinitely without trial, deemed contrary to the Convention in
Opposition to substantive content
In particular,
See also
- Constitution of the United Kingdom
- History of the constitution of the United Kingdom § Worldwide influence
- Separation of Powers
- Parliamentary sovereignty in the United Kingdom
- Separation of powers in the United Kingdom
References
- ^ a b Bradley, Ewing (2011). p. 95.
- ^ a b Dicey (1914). Part 2, chapter 4.
- ^ "Magna Carta an introduction" The British Library. Retrieved 4 February 2015.
- ^ Wade, Sir William (1996). "Sovereignty - Evolution or Revolution?". Law Quarterly Review. 112: 574.
- ^ R. Rait, 'Parliaments of Scotland' (1928)
- ^ Brown and Tanner, passim; R. Tanner, The Late Medieval Scottish Parliament, passim; K. Brown and A. Mann, History of the Scottish Parliament, ii, passim
- ^ Bradley, Ewing (2011). pp. 95–96.
- ^ [1765] EWHC KB J98
- ^ a b Bradley, Ewing (2011). p. 96.
- ^ Raz (1977). pp. 196–197.
- ^ Bradley, Ewing (2011). pp. 96–97.
- ^ Bradley, Ewing (2011). p. 97.
- ^ Bradley, Ewing (2011). pp. 97–98.
- ^ a b c Bradley, Ewing (2011). p. 98.
- ^ Allan (1985). pp. 111–112.
- ^ Allan (1985). pp. 112–113.
- ^ Allan (1985). p. 113.
- ^ Allan (1985). pp. 113–114.
- ^ Raz (1997). p. 195.
- ^ a b Raz (1997). p. 198.
- ^ Taken from The Road to Serfdom (1945): quoted in Raz (1977) p. 195.
- ^ Raz (1977). pp. 198–201.
- ^ Raz (1977). p. 202.
- Dicey, A. V. (1914). Introduction to the Study of the Law of the Constitution.
- Bradley, A. W.; Ewing, K. D. (2011). Constitutional and Administrative Law (15 ed.). Harlow, United Kingdom: Longman. ISBN 9781405873505.
- Raz, Joseph (1977). "The Rule of Law and its Virtue". Law Quarterly Review.
- S2CID 145655434.
- Hostettler, John (2011). Champions of the rule of law. Waterside Press. ISBN 9781904380689.
External links
- The rule of law and the prosecutor Speech by Attorney General Dominic Grieve
- The Rule of Law The Constitution Society
- Rule of Law The British Library