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The Rule of Law by Mind Map: The Rule of Law
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The Rule of Law

The Rule of Law amounts to a means of power!

What does it mean?

One of the fundamental doctrines of the UK constitution

Professor Jowell - 'A resilient and effective force behind the evolution of the UK's constitution

Dicey and the ROL

Professor Craig - 2 Conceptions

Formal Conception

Substantive Conception

Raz

ROL NOT to be confused with democracy, justice etc. A Non-democratic legal system based on the denial of HR etc May in principle, conform to the requirements of the ROL better than democratic legal systems.

8 Principles of what the making of laws should be

Equality before the law

Diceys eg can be found in in a HOL decision - Whether or not government could be guilty of contempt of court. M V HO 1994 - Not even executive above the law!!

The Principle of Legality

Entering a persons house requires lawful authority - common/statutory!

The ROL and Criminal Law

Police abusing power/corruption can prevent prosection - R V Horseferry Road Mags Court exp Bennett 94

Contemporary significance of the ROL

ROL difficult to define, but its principles act as a restraint on the power exercised by government.

Contemporary significance of ROL has increased since HR ACT 1998. Government action subject to more judicial scrutiny.

Terrorism Prevention and the ROL since sept 11

Anti terrorism, crime and security Act 2001 - S23 detention without trial incompatible with Art 5 ECHR. Discrimination - applied only to Non UK nationals. Shows developed relationship between the courts and executive!

Prevention of Terrorism ACT 2005 Designatory and Non - Designatory Controls.

Constitutional Reform Act 2005.

Lord Falconer Any minister who acts ultra vires - exceeding powers may have his actions monitored by the courts!