The Rule of Law Flashcards
What does the rule of law ensure in the UK’s constitution?
The rule of law ensures that all persons and authorities within the state are bound by laws that are publicly made, prospective, and administered in courts.
How did Chief Justice Edward Coke contribute to the rule of law?
In cases like Prohibitions del Roi (1607) and the Case of Proclamations (1611), Chief Justice Edward Coke affirmed the limits of royal prerogative and the supremacy of law.
What does the Constitutional Reform Act 2005, specifically section 1, emphasize?
It underscores the importance of the rule of law, ensuring it + and the Lord Chancellor’s “existing constitutional role” is not adversely affected by the Act.
What are A.V. Dicey’s three key aspects of the rule of law?
The absence of arbitrary power, equality before the law, and the constitutional law as a product of judicial decisions.
How did Lord Bingham further develop the concept of the rule of law?
He highlighted essential features such as accessible, clear, and predictable law; legal resolution over discretion; equality before the law; protection of human rights; access to justice; reasonable exercise of powers; fair adjudication; and compliance with international law.
What does Entick v Carrington (1765) demonstrate about the rule of law?
It illustrates the application of rule of law principles, ensuring government actions are lawful and non-arbitrary, upholding the importance of respecting property rights against state interference.
How did R (on the application of Purdy) v DPP [2009] impact human rights considerations in judicial review?
This case emphasized the need for clear guidelines to respect human rights, influencing the Director of Public Prosecutions to clarify the law regarding assisted suicide, underlining the rule of law’s role in protecting individual rights.
What constitutional right did R (on the application of UNISON) v Lord Chancellor [2017] highlight?
It highlighted access to justice as a constitutional right inherent in the rule of law, striking down employment tribunal fees as unlawfully restricting access to justice.
How does R (Privacy International) v Investigatory Powers Tribunal [2019] reflect tensions between judicial oversight and parliamentary will?
This case debated the effectiveness of ouster clauses intended to exclude judicial review, underscoring tensions between ensuring judicial oversight of government actions and respecting parliamentary sovereignty.
What concerns does the proposed Safety of Rwanda (Asylum and Immigration) Bill raise?
The bill raises concerns regarding the balance between government power and individual rights, reflecting ongoing debates over judicial oversight and parliamentary sovereignty in the context of the rule of law.
