Hello hello, law enthusiasts! We’re thrilled to bring another instalment of our Crunching Concepts series to the platter. Today, we’re decoding a principle that forms a cornerstone of the UK constitutional law - the Rule of Law. So, get ready as we peel back the layers of this principle that underpins the English legal system - and many others across the globe.
In simple terms, the rule of law is the notion that no person or organisation is above the law, and every citizen is subject to it, regardless of their rank or power. It is a safeguard that ensures laws are applied uniformly, fairly, and consistently, preventing the unchecked exertion of power by state authorities.
The rule of law carries remarkable importance for several considerations:
1. Maintains democratic governance: This principle guarantees protection of individual rights, liberties, and universally accessible justice - all foundations of a democratically governed society.
2. Enhances Transparency: Ensuring that the state's actions are held accountable, the rule of law promotes clarity, predictability, and transparency in the application of laws.
3. Checks Abuse of Power: The rule of law acts as a crucial restraint against excessive or arbitrary use of power including any discriminatory actions by state agencies.
• Entick v Carrington [1765] EWHC KB J98: This ground-breaking case depicted that state officials aren't permitted to enter and search private properties without proper legal authorisation emphasising individual rights and the limitations of state power.
• A v Secretary of State for the Home Department [2004] UKHL 56 (Belmarsh): This case highlighted that indefinite detainment of foreign terrorist suspects without trial was a violation of the European Convention on Human Rights, illustrating how the rule of law ensures government actions are in sync with human rights principles.
• Miller v Secretary of State for Exiting the European Union [2017] UKSC 5: The case reasserted that the executive could not override Parliament in instigating Article 50 (the process of leaving the European Union), reflecting the significance of respecting legal processes and the delineation of powers.
At CaseSnappy, we aim to demystify complex legalese for everyone, from beginners to seasoned legal aficionados. We hope our exploration of the Rule of Law has shed light on this pivotal pillar of UK Constitutional law.
Ready yourself for the next thrilling journey with us into the depth of legal concepts as we unravel them, one concept at a time - and sign up to CaseSnappy for free today!