The rule of law ensures fairness in a democratic society by maintaining rights and duties. It prevents abuse of power by ensuring checks and balances in the legal system.
The Three Basic Principles of the Rule of Law:
Equality Before the Law
Everyone is treated equally in the legal system.
No one is above the law, including members of Parliament.
Example: Some MPs were imprisoned for fraudulently claiming expenses in 2009.
2.Innocent Until Proven Guilty
In criminal law, suspects are presumed innocent until guilt is proven.
Guilt must be proven beyond a reasonable doubt in a court of law.
3.Access to Justice
Every individual has the right to use the justice system.
Legal aid cuts have limited justice access for poorer citizens, especially in family and child custody cases.
Human Rights Checks and Balances:
The Human Rights Act1998 ensures that UK citizens’ rights are upheld, but some rights are restricted for the public good.
Examples of Limited Rights:
The Right to Privacy
Journalists sometimes invade privacy for news stories.
Example: In 2011, The News of the World was shut down after hacking celebrities’ and missing student Milly Dowler’s voicemails.
2.Freedom of Speech
Speech can be restricted if used to promote extremism.
Example: The neo-Nazi group National Action was banned in 2016 under the Terrorism Act 2000.
3.Terrorism Threats
Suspected terrorists can be held and questioned for 14 days without charge.
There have been political attempts to increase this detention period to 90 days.
Identify one principle of the rule of law in the UK.
Access to justice; equality before the law; innocent until proven guilty.