The Rule of Law

• Describe the rule of law according to Professor Dicey:


  ·       No sanction without breach

  ·       One law should govern all.

  ·       Rights come from decisions of judges rather than a written constitution.
• Explain modern concepts of the rule of law, showing its specific relevance to:


  ·       human rights,

  ·       equality,

  ·       fair trials

  Link to Articles 5 & 6 of the European Convention on Human Rights (ECHR)

   

   
• Discuss the importance of the rule of law:


  • No punishment without law
  • No man is above the law
  • the rule of law applies to all
  • juridical decision of the courts protects the rights of citizen
• No punishment without law 


  this links to ECHR’s, in particular Articles 5 & 6 where we have the right to liberty and a fair trial.  However, a number of British citizens were held at Guantanamo Bay 2001-2009 without having been charged with or convicted of terrorist offences.
• o No man is above the law 


  this provides a safeguard to prevent dictatorship and arbitrary use of power by the Government.  But, during covid it took a long time for the police to fine members of the Gov’t over lockdown parties whilst ordinary people were being fined.
• The rule of law applies to all


  regardless of class or wealth and includes the King (dates back to the Magna Carta 1215). But, there are over 160 laws that the Monarch has exemption from.
• Judicial decisions of the courts protect the rights of citizens


  Dicey thought that judge-made law was the fairest system but today we are part of ECHR which gives us rights such as Article 10 freedom of expression.

  Judges have security of tenure in the superior courts and ensures their independence from pressure when deciding cases. This means they can make decisions without pressure from the government.  Miller v PM
• Discuss the reasons why the rule of law is seen as fundamental in the English legal system:


  ·       Prevents abuse by the state.

  ·       Ensures the rules of natural justice apply such as justice being seen to be done.

  ·       It is one of the key British values that the government want taught in schools.
• The pressure group JUSTICE say that the Gov’t should respect the rule of law and ensure that:

  ·       Remain in the ECHR. Current Gov’t threatening to leave if they don’t get Rwanda flights moving?

  ·       Uphold the independence of the judiciary.

  ·       Protect the right to a fair trial. What about cases like Twomey where trial by judge only?

  ·       Ensure access to justice. What about legal aid cuts?