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Flashcards in Rule of Law Deck (24):
1

S1 CRA 2005

Statutory recognition

2

Brown v Scott (2001)

RoL requires protection from invasion by authorities of rights and liberties of the individual

3

Dicey

- Predominance of law
- Equality before the law
- Constitution result of ordinary law

4

Entick v Carrington (1765)

Gave effect to all three of Dicey aspects

5

Predominance of the law

- No interference with individual rights without backing of the law
- No wide discretionary power of gov.
- Punishments should be prescribed in ordinary courts

6

Equality before the law

- M v Home Office (1993)
So servant of crown excuse
Qualified right

7

Rossminster (1980)

Parliamentary act gave wide discretionary powers and courts powerless to stop

8

Principle of legality

Gov. operates in form of general law, not at discretion of ruler

9

Hayek

Gov. bound in all actions by rules fixed and announced before

10

Witham (1998)

Minister made rules that were beyond the powers given to him by statute. Principle of legality upheld, ministers could only make laws within powers given to him

11

A v Secretary of state for the Home depot

L. BINGHAM:
Fundamental requirement that there be access to independent courts and fair trial

12

Anufrijeva

- Majority
Promulgation principle
Statute didn't apply until individuals informed of the decisions


Versus

- Bingham
Principle of legality
Unless statutes states explicitly otherwise has CL rights

13

Substantive version

Craig separates

- JS Mill
- Allan (Liberal values)
Bridges gap between parl. sov. & political idea of sovereignty of people

14

Pierson (1998)

Requires parliament legislate in express terms if intends to give gov. power to violate the RoL

15

R(Daly)

Basic CL rights require clear and express words to curtail
Only to extent reasonably necessary to justify

16

Anisminic

Ouster clause in statute of "not being called in question by any court of law" invalid

17

Significance of terrorism act 2001

S.21(1) SoS may deport individual if reasonably believes presence:
- Risk to national security
- Suspects person to be a terrorist

18

Belmarsh

Role to ensure fundamental HR and freedoms not overlooked by leg./ministerial decisions
Space to work subject to
- Nature of matter being considered
- Importance of HR
- Extent of enchroachment

19

Al-Rawi (2007)

Judicial non intervention justifiable when:
- Exec. has access special info. + expertise
- Decision requires legitimacy of parliment

20

Corner House Research (2009)

Div. court
- RoL ensures courts should be independent decision maker free from pressure

HL
- Ceasing investigations director had worked in public interests

21

Dicey Craig & Barber dispute

Barber = substantive, craig = formal

22

Raz

- RoL is an essentially negative value - avoidance of evil
- Formal positive as treats humans as being capable of plotting their own futures
- Negative: Taking further would transform to political philosophy, RoL would cease to have independent legal value

23

Advantages of substantive view

Barber: Social factors directly relevant to functioning of our legal system

24

Kramer

- RoL separated into two concepts that are intrinsically linked i.e. substantive view requires formal view
- 'Little sense' (What is needed for legal system to function)
- 'Big Sense' (Moral/ liberal political idea; ideals strive towards in legal system)