Rule of Law

Reading.
Parpworth, Constitutional and Administrative Law. Pages 42-44

Bradley and Ewing Constitutional and Administrative Law. Pages 89-101

Another cornerstone of the British constitution is the Rule of Law. This principle is developed from the writings of 19th century writer Dicey who stated that there are three (3) elements to this principle;

1. Nobody should be punished by the state if they had not broken the law

2. One law should govern everyone – citizens and state officials

3. Rights of individuals should not be secured in a written constitution but by the decisions of judges in ordinary law

Today the importance of the concept of rule of law is combination of these three (3) elements forming the principle that the state may use its powers only according to agreed rules.

Membership of the European Union and the introduction of Acts such as the Human Rights Act have sought to extend and preserve these principles. The one of the result of the Human Rights Act 1998 is that Government actions are potentially subject to more judicial review than previously. The actions of the Government and the judicial response to the perceived terrorist threats are a good example of this.
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A v Secretary of State for the Home Department [2005] UKSIAC 1/2002

Lord Steyn has stated that the decision in this case ‘goes to the very heart of our democracy’ and ‘anchors our constitutional system on the rule of law’

Lord Nicholls stated that ‘indefinite detention without charge or trial is anathema in any country which observes the rule of law’ in response to government proposals to hold suspected terrorists for longer periods of time without charge and Lord Hoffman was of the opinion that ‘such a power in any form is not compatible with our constitution.’

Lord Falconer when discussing The Constitutional Reform Act 2005 stated that