para 3 Thin vs thick Rule of law

Question 1

3.2 This thicker version

Answer 1

-allows for courts to assess whether the law support constitutional accountability.In R(unison) v lord chancellor 2017,tribunal fees were ruled unlawful for blocking access to justice
-In AXA General instuance LTD v Lord advocate,the court similarly confirmed that access to courts and judicial oversights as a constiutional safeguard

Question 2

3.1 the rule of law thin or thick

Answer 2

-Described in terms of “thin” or “thick” conceptions.A thin approaches focuses on formal legality,all laws must be clear public and accessible,emphasising strict adherence to procedure

-A thick concept of law adds substantice content such as protection of fundamental rights,fairness and access to justice.

Question 3

3.3,analysis

Answer 3

This thicker view of the rule of law allows courts to assess the constitutionality of legislation’s effects, increasing the intensity of legal scrutiny over primary laws while technically respecting parliamentary sovereignty.