Rule of Law - Umbrella Concept

Question 1

Intro

Answer 1

Rule of law cornerstone of UK’s unwritten constitution

Demands government actions be lawful, the law be applied equally & that legal redress be available through independent courts

Recent constitutional developments raised question whether UK gov uses rule of law selectively - such as umbrella concept to fit its political preferences

Explores tension referencing case law revealing how courts have responded when government appears to stretch rule of law

Question 2

Para 1

Answer 2

R (Miller) v Secretary of State for Exiting European Union [2017] UKSC 5

Supreme Court held government couldn’t trigger Article 50 without parliamentary approval

Judgement reinforced principle that executive can’t alter domestic law without Parliament’s involvement - principle of rule of law

Gov argued it could act under royal prerogative, Court’s decision made clear power is limited where it would frustrate constitutional principles

Question 3

Para 2

Answer 3

R (Miller) v The PM [2019] UKSC 41 concerning Boris Johnson’s attempt to prorogue Parliament in lead-up to Brexit

SC held unanimously that prorogation unlawful as it had “extreme effect upon fundamentals of democracy”

Judgement asserted it’s the courts duty to uphold constitutional principles even involving political decisions

Case demonstrated judicial resistance to governmental overreach under guise of political necessity

Question 4

Para 3

Answer 4

Gov continued to push boundaries of constitutional convention

2020, during passage of UK Internal Market Bill, ministers introduced clauses that knowingly would breach international law with NI Secretary of State admitting this in Parliament

Such proposals being considered reveal troubling willingness to side line legal norms in favour of political expediency

Question 5

Para 5

Answer 5

Despite, incorrect to conclude rule of law is fully at mercy of government preference

UK’s independent judiciary and constitutional conventions play critical role in defending legal principles

Growing trend of executive boldness shows rule of law can be manipulated unless vigilantly protected

Question 6

Conclusion

Answer 6

Case law over past 2 decades reveals pattern

Judiciary consistently upheld rule of law, executive shown readiness to reinterpret when politically convenient

Raises concern that rule of law increasingly treated by UK government as a flexible framework
- umbrella concept that can be used to legitimise preferred policies

Courts pushed back but continued vigilance essential to preserve rule of law as true constitutional safeguard rather than rhetorical tool