Introduction
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Overview of the rule of law
The rule of law has two common basic concepts which are that everyone is both equal and subjective to the law. The Oxford Dictionary of Law defines the rule of law as the supremacy of law. Another definition of rule of law is given by Lisa Webley and Harriet Samuels which states that the rule of law is a theory or a doctrine that describes the extent to which
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Every action of the government will be assessed under the rule of law and it will not be able to mediate in certain cases. Also, with the rule of law existing, the people will not be under a dictatorial rule as the government cannot exercise their power at their own wishes.
Thomas Hobbes
Apart from Hayek, Hobbes was another philosopher who did not support the idea of a rule of law system. The reason for this is because with this doctrine the government has limited powers and the country becomes liberal. He believes that absolute monarchy is more effective than the rule of law as either the King or the Queen can make their own decisions as well as perform any action without the law interfering.
Lord Bingham
Lord Bingham’s definition of rule of law in some way is similar to that of A.V. Dicey’s explanation. However, his interpretation of the rule of law is in tune with the modern era. He breaks down the rule of law into eight sub-rules which are:
1. The law must be accessible and so far as possible, intelligible, clear and
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Adjudicative procedures provided by the state should be fair.
8. The rule of law requires compliance by the state with its obligations in International law.
T.R.S Allan
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
Ways which the English Legal System encompass the doctrine of the rule of law
What makes an Impartial Judiciary so important?
Lisa Webley and Harriet Samuels defined the separation of powers as a theory or doctrine that describes the way in which a state organises the distribution of power and function between its different parties. The separation of powers is divided into three branches which are the executive, legislative and Judiciary.
Impartiality means that the judge should not show bias to any of the parties. The two parties should be treated in the same way in terms of equality. Additionally, both parties should be given similar opportunities to submit their cases.
The judiciary should not only be impartial when dealing with cases but independent too. Whenever cases are being assessed, both impartiality and independence should go hand in hand to avoid
The rule of law, originally coined by A V Dicey in the 19th century, is the
the laws it chooses, 2. the rule of law, which says that laws must be
The Rule of Law is a legal standard that requires the government to use its power according to well-established, clearly defined rules, regulations, and principles of a given society. In other words, “the highest level of authority is a body of law that applies equally to all” (Shafritz, Russell, & Borick, 2016, p. 188). This means that the government and its officials are accountable to the laws of the land. That being said, the laws are only as good as the intentions of those who are interpreting them.
meaning of the rule of law is a state of order in which events conform
In a conclusion , the sources of law mentioned as above have established the UK law of today which provide certainty , stability and flexibility . Moreover ,English Legal System is needed in today’s society as society needs a flexible yet strong legal system which can maintain public confidence , adapt to new changes and protect individual’s interest .
The Rule of Law is a three part principle that states people are obligated to have laws applied and enforced fairly in all situations, with exceptions to contradicting situations that are in accordance to the law. In sum, the Rule of Law successfully attempts to portray the fact that no one is above the law.
Lord Hope notably proposed that ‘the rule of law enforced by the courts is the ultimately controlling factor on which our constitution is based’ . This was concurred by Lady Baroness Hale who stated that ‘the courts will treat with particular suspicion any attempt to subvert the rule of law’ although she acknowledged, ‘the constraints upon what Parliament can do are political and diplomatic rather than constitution.’
Separation of powers reinforces the way in which powers are used by the bodies of the state and it divides governmental powers between the legislative, the executive and the judiciary in order to prevent abuse of powers in all three bodies. In order to prevent abuse of power, Queen’s powers has been limited as before Queen had more personal power.
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
I am going to start by defining what the rule of law is. It is the principle that says that no person or government institution is above the law. Everybody has to obey the law without exception. The rule of law contributes to the economy growth for these aspects. It is important for capitalism. The necessity of long-term agreements and contracts requires the use of law, the law protects both buyers (they will get what they pay) and sellers (legal competitive market). Another reason is that people have the opportunity to have a job and receive a salary for their work. The law protects workers and ensure that they receive the fruit of their work (wage) according
Modern interpretations can be traced back to the end of the 19th century. One of the most prevalent authorities on the Rule of Law is AV Dicey in the “Introduction to the Study of Law of the Constitution where he expounded three main principles ; “It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power… It means, again, equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts…The rule of law, lastly, may be used as a f...
In the United States, states and people follow the laws because the government has a way to enforce cooperation, by threatening punishment on those who break the law. The enforcement of laws is how most institutions promote cooperation. At the international level, however, there is no central authority that has the ability to make and enforce laws, in other words it is an anarchy. For example, countries like Russia or the UK do not have to do what the United Nations tells them to, since they cannot enforce anything. Because of the lack of enforcement, cooperation has to be self-enforcing, meaning the states have to punish the defectors and take responsibility when they don’t cooperate.
His next five laws are about how law is applied; agencies of the law must enforce the law using fair and equal processes. Therefore is is clear that formal theories focus on only procedures and application. The substantive theory of the rule of law, it is important to note that the rule of law is inherently cumulative, meaning it is concerned with the same principles as the formal theory of the rule of law, however adds to it by focusing on its content, substantive theorist believe that law’s content must be good in order to comply with the rule of law. Like Raz, Lord Bingham, the key advocate for the substantive theory, also has eight principles, however it is only his fourth principle that is substantive - “the law must afford adequate protection of fundamental human rights’’ It is evident that this principle is about the substance of law, the substantive theory goes further by explaining law must protect individuals and must not require us to breach our human
Edward Coke is the deviser of this concept when he said that the ‘King must be under the God and Law’. He emphasized the supremacy of law over executives. Edward cokes baton of ideas was further carried forward by many great minds like Samuel Rutherford who is the first person to have coined the term ‘rule of law’. This was further developed by Dicey whilst he was giving lectures on the law of British Constitution at The Oxford University. He spoke on two main principles, namely the supremacy of parliament and the rule of law. His famous words ‘Wherever there is discretion there is room for arbitrariness’ are now the basis of Rule of
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.