Para 1 Rule of law and civil liberties

Question 1

1.1What were A.V. Dicey’s three core features of the rule of law?

Answer 1

-Historically,the rule of law was closely tied to the idea of civil liberties and judicial control of power
Government must act according to law, (2) equality before the law, (3) courts protect rights on a case-by-case basis.
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Question 2

1.2What is meant by a ‘liberal’ conception of the rule of law?

Answer 2

A view that emphasises freedom from state interference, legal certainty, and distrust of discretionary power.

Question 3

1.3How did courts apply the rule of law in early UK constitutional practice?

Answer 3

By using judicial review to ensure ministers and public bodies acted strictly within the limits of legal authority (ultra vires).

Question 4

1.4: How does Dicey’s traditional rule of law relate to scrutiny of legislation?

Answer 4

It primarily focused on executive action, offering limited legal scrutiny of the substance of primary legislation itself.

Question 5

The case of privacy international

Answer 5

R(privacy international) v investigatory powers tribunal.this case concerned a clause in the investigatory powers act 2016,whcih stated that decision of the IPT “shall not be subject to appeal or be liable to be questioned in any court”.This kind of clause is known as an “ouster clause”,because it tries to block or oust a court from actions

Question 6

Privacy internation a human rights organisation3.2

Answer 6

-challenge a decision made by the IPT.But the government Argued that the ouster clause stopped the courts from getting involved.The supreme court disagreed,the judges held that judicial review is a constitutional fundamental and cannot be removed by a vague or general wording even in an act of parliament

-This case is important because it shows the courts pushing back ahainst parliament and asserting that some principles-liek the rule of law are to important to set aside even by legislation