Rule of Law
S.3 Human Rights Act 1998
So far as is possible...
Magna Carta 1215
Started with the _______ ______
s.1 Constitutional Reform Act 2005
The act does not affect the existing constitutional principle of the rule of law.
Dicey (1885)
The constitution is governed by 3 main principles - -There must not be any arbitrary powers exercised by the state and the law should be clear and set in advance. It cannot be retrospective. -Everyone is equal under the law - Lord Denning. -The ordinary and independent judges in the ordinary courts should uphold the law.
Von Hayek
The essence of the rule of law is the absence of arbitrary power being exercised by the state.
Fundamental principle of our constitution
The rule of law is a....
Human Rights Act (1998)
This act has had a huge impact, as the ECHR is not superior to parliament but has had a huge impact particularly due to sections of this act.
S.10 Human Rights Act (1998)
Undermines the Executive, as only they should be able to propose the law
Arbitrary
Unjustified or not based on reason
Separation of Powers
What is the main way we can uphold the rule of law?
Von Hayek (1971)
Agreed with Dicey. 'The rule of law means that people do not have to answer to the arbitrary decisions of governmental officials, instead they guide their actions by what is prohibited by a clearly defined law. Stripped of all technicalities, the rule of law means that this government in all of its actions is bound by rules fixed and announced beforehand'.
Lord Denning
Be you ever so high, the law is above you
S.2 Human Rights Act 1998
Courts must take into account...
Prisoners right to vote
David Cameron has fought strongly not to allow this. The ECHR has decided that they are allowed to forego this right as they have breached other peoples human rights.
S.4 Human Rights Act 1998
Declaration of incompatibility...
Natural Justice
Each side of a legal dispute has a right to be heard and judges should not be biased.
John Hemming MP
Exposed Ryan Giggs' super injunction using his parliamentary privilege, which was also recorded on Hansard. It is illegal to do this but nothing said within the parliamentary chamber can be prosecuted.
Binyam Mohammed
Extraordinary rendition case, clearly here states are breaking the law.
S.3 Constitutional Reform Act 2008
Judges must be independent and free from state control.
Judicial review
Laws and decisions have a right to be reviewed.
Retrospective
Looking back, past events or situations.
Dicey
Parliament has the right to make or unmake any law.
Osman v DPP
Police must act within the law - for example in this case, the police officer must state name, station and reason.
Raz (1970's)
Proposed a procedurally oriented version of the rule of law in 8 claims of how the state can uphold the R.O.L
