The Rule of Law is a fundamental doctrine encompassing the UK constitution; it exists arduous to define due to its significant nature of acquiring differing meanings to various groups and instiutions. The importance of laws is consistently reinforced throughout the school day. The EU prides itself on its Rule of Law credentials and the European Court of Justice often extols the fact that the Union is a Union based on the Rule of Law. Recent Black Lives Matter protests in London. Lord Neuberger, the President of the UK Supreme Court, gave an important speech in 2013 which was particularly noteworthy for his comments on the rule of law. Fourthly, and most importantly for this essay the independence of the judiciary must be guaranteed. This is not an example of the work produced by our Law Essay Writing Service. The Rule of Law (ROL) is one of the three central doctrines of the English constitution, alongside the Separation of Powers and Parliamentary Sovereignty. The United Kingdom does not have a written constitution. The Lord Chancellor believed that his role should have lost none of its roles or functions. Company Registration No: 4964706. This aspect included the method of appointment, conditions of service and security of tenure in the sense that judicial intervention is essential for the preservation of the rule of law. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. ... To help us improve GOV.UK, we’d like to know more about your visit today. This is illustrated by the commonwealth’s criticism of the way in which Robert Mugabe refused to enforce court orders to eject war veterans from white owned farms, as the commonwealth held his refusal denied the rule of law. Secondly it seeks to redefine the office of the Lord Chancellor firstly by position, in the sense that the Lord Chief justice becomes head of the judiciary and secondly by role, in the establishment of a Judicial Appointments Commission, which limits the part of the chancellor to ‘one of accepting or, exceptionally, rejecting its recommendations, further confines the lord chancellor’s duties to the executive or political functions’ [11] . The apparent reluctance in UK 1 T Bingham, The Rule of Law (Allen Lane, London 2010). The rule of six will be enforceable in law from Monday. Fairness. All laws and procedures must be freely available to each citizen, and laws which are written down must also be legible to ensure clarity, and prevent unfair discrimination and enforcement. As Britain incorporated the Human Rights Act in October 1998, it was alerted that the current position of the Lord Chancellor needed to be rethought. Our constitution is the foundation of our law. You should take legal advice from a solicitor where appropriate. Administrative Law 18 June 2020 by Michael Paulin. Legal certainty. Raz built up his theory showing certain similarities to that of Allan, suggesting that the doctrine is better understood form the form of a “corpus of basic principles” [6] , he developed 8 criteria: Firstly laws should be prospective, open and clear leading onto the fact that laws must not be retrospective as the effects can be rendered grossly unlawful. Steyn is saying in the reported quote that Britain is unique where it seeks to create a Supreme Court and remove the mixed interests of the office of the Lord Chancellor due to it appearing compromised in the eyes of the British electorate. Professor Jowell describes it as ‘a resilient and effective force behind the evolution of the United Kingdom’s … As a chamber of Parliament through its use in the enacting of legislation. This means some laws can effectively be broken – before they have even come into force. Lord Steyn argues that nowhere outside Britain would the position of the separation of powers be weakened just because the Supreme Court exists as part of the House of Lords. Brexit is already undermining rule of law in the UK. An effective way of giving meaning to the rule of law is applying to it a modern real life example. The law also states that a person cannot be treated unfairly by the state due to their ethnic, sexual or religious views. This not only ensures equality before the law, but stated that every state official too would be subject to the rule of law. VAT Registration No: 842417633. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! He set out that formal was associated with the proper administration within authority of the law, which would not seek to evaluate whether the outcome of such application was either good or bad. For Britain will restore the Rule of Law. The Constitutional Reform Act 2005 sought to “redraw the relationship between the judiciary and the other branches of government and put it on a modern footing” [9] , with the reaching of the act to be wide and seeking to achieve various goals. Do you have a 2:1 degree or higher? Free resources to assist you with your legal studies! Professor Raz touched on a controversial issue linked with the rule of law. Criticisms has also gone into Dicey’s second element of the law applying to all equally, as it was found Dicey would make exceptions to returning soldiers and clergymen of the church. As such, we can't guarantee everything is 100% accurate. First, the laws must be freely accessible: that means as available and as understandable as possible. Yet, about 57% of the world’s population lives outside the shelter of the law. Professor Jowell describes it as ‘a resilient and effective force behind the evolution of the United Kingdom’s constitution’. In its simplest form, the rule of law means that “no one is above the law.” For the rule of law to be effective, there must be equality under the law, transparency of law, an independent judiciary and access to legal remedy. The Law Society is the independent professional body for solicitors. Secondly, the laws must satisfy certain requirements; they must enforce law and order in an effective way while ensuring due process, they must accord citizens their fundamental rights against the state, and they must regulate relationships between citizens in a just way. However Dicey’s 3 part theory did not go without heavy criticism. Asia. There is a significant disagreement initially on how to define the rule of law. The rule of law has been referred to as a ‘wrapper’ … [1]. “The rule of law requires that everyone—from government ministers to the person on the street—be bound by, and entitled to the benefit of, the law. However opposing views offer the suggestion that ‘there has never been the slightest hint, however, of Judges being under any pressure, directly or indirectly, to incline in the Government’s favour because their “boss” is a senior government minister.’ [16] However, if the government were to put pressure on the judiciary then how well would the judiciary stay impartial, and who would regulate such acts threatening impartiality? A core idea of the rule of law to which all would subscribe is that the government must be able to point to some basis for its action that is regarded as valid by the relevant legal system. He comprehended that the rule of law is ‘one of the most marked peculiarities of English life [2] ’, and described it as existing with 3 elements: Firstly he said “no man was punishable except for a distinct breach of the law established in an ordinary manner, before the ordinary courts of the land”, this played on the premise that for existence of the rule of law, no executive official can operate on discretionary powers, and that such an execution would be illegal under all circumstances. (a) The Rule of Law and Lawful Authority. The Rule of Law . Taking on a more modern stance a child is doli incapax until the age of 10 (incapable of committing a crime). Since then, EU law has been considered to be a binding and valid source of UK law. Nevertheless these are extremely strong remarks to be making given the centrality of the Court’s role in maintaining the rule of law within the UK’s constitution. Second, it will suggest a further divergence within the rule of law concerning the identification of the institution best-placed to uphold the rule of law. After all, when the House of Lords performed judicial functions, they were outside of pubic scrutiny, now on the other hand, the public watch the separate cases, watch the revenue go out and even access a website. He suggested that the doctrine demands neither democracy nor equality, and not even justice. Racism and the Rule of Law. In essence, no one is above the law. The Rule of Law is a fundamental doctrine encompassing the UK constitution; it exists arduous to define due to its significant nature of acquiring differing meanings to various groups and instiutions. The Supreme Court decision on Article 50 may have given parliament a vote, but it broke with Britain's legal tradition. Everyone must be able to have their conduct regulated in a manner that is certain. www.inbrief.co.uk is wholly owned by Claims.co.uk Ltd. We are the UK's leading legal information website offering free information about the law, legal process and getting advice. In the UK, our rights are protected through the European Convention on Human Rights, which takes effect through the Human Rights Act. 2nd Aug 2019 Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. However since the constitutional crisis of the Parliament Act (1911), the constitutional superiority of the Commons over the Lords has been recognised. There was no reason to suggest that the British electorate had felt the judiciary and application of law was compromised. Looking for a flexible role? The House of Lords is the upper house in which before the act was passed served 2 functions. The rule of law requires that every case which is alike should be treated the same. And so protecting our fundamental human rights must be another key part of the definition of the rule of law. The rule of law comprises a number of fundamental principles and values. Who is going to stand up for the judiciary?”. A fundamental value under the rule of law is that a person cannot lose their personal liberty unless it can be proved that they broke the law. However, in shining a light on the UK’s shortcomings, the EU may invite a closer forensic examination of its own adherence to the rule of law. It is an essential characteristic of a democratic society and a fundamental principle of the UK constitution. Registered Data Controller No: Z1821391. When the angle of politics is aimed at the rule of law, it is highlighted that it is used ‘as a stick with which to beat other regimes’ [3] . But I find it disorganised and illogical to have the House of Lords performing two functions, even if there are separate bodies within the house. This suggestion was heavily criticised by Lord Bingham, who highlighted that perhaps one of the most underpinned elements of the rule of the law was the important relationship with citizen and state, and to suggest that the rule of law could exist where freedom was restricted as such ‘infringes the underpinned concept behind the rule of law of individual and state whereby both parties sacrifice a measure of the freedom and power which they would otherwise enjoy’. It is essentially about ensuring that: public authority is bound by and accountable before pre-existing, clear, and known laws citizens are treated equally before the law human rights are protected citizens can access efficient and predictable dispute The rule of law is a fundamental doctrine by which every individual must obey and submit to the law, and not arbitrary action by other people of groups. To conclude I disagree with the statement of Lord Steyn. The concluding aspect of this Diceyan approach was that the significant characteristics of the UK constitution were ‘judge made’ , this led on to the suggestion that the UK does not require a written constitution as the judiciary is all we need to ensure that every personal liberty is followed and protected as such. [14] Secondly as a Supreme Court, it is in this role that the judicial function becomes apparent as the final court of appeal. After all, many aspects of the UK’s democracy appear to be different compared to any other. A society upholding the rule of law guarantees its people a fair trial. The Lord Chancellor has been head of the judiciary for many years, and the system has worked. Another meaning of the rule of law is published by that of TRS Allan, who did not try to apply one definition to the meaning, but described the doctrine as ‘a corpus of basic principles and values, which together lend some stability and coherence to the legal order’. Law enforcement in Britain is currently fractured and is applied in accordance with culture or religion, or based on political considerations. A long tradition of support for the international rule of law has served Britain well abroad. Sir Albert Vann Dicey is perhaps the largest contributor to the comprehension of the rule of rule as laid out in his work, ‘the Introduction to the Study of the Law of the Constitution’. In no way is he denying the importance of the separation of powers, he is however contrasting Britain to other democracies in the world and distinguishing that they would never go as far as we in guaranteeing the separation of powers to such a great extent. Thirdly, the laws must be enforceable: unless a right to due process in criminal proceedings, a right to protection against abuses or excesses of the state, or a right against another citizen, is enforceable, it might as well not exist …”, “The rule of law requires that any persons with a bona fide reasonable legal claim must have an effective means of having that claim considered, and, if it is justified, being satisfied, and that any persons facing a claim must have an effective means of defending themselves. And the rule of law also requires that, save to the extent that it would involve a denial of justice, the determination of any such claim is carried out in public. For example in 2001 when David Blunkett was Home Secretary, he laid pressure on the judiciary when he told them not to use Human Rights legislation to overrule the House of Commons [17] , if a similar situation were to happen then who would regulate this and ensure impartiality to the judiciary. 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