The Rule of Law Essay - 885 Words

The Rule of Law The United Kingdomis generally regarded as a country that has a tradition of respect for the rule of law. In general terms this means that there is a historical tradition of public bodies providing a specific legal justification for their actions, and of the courts adjudicating impartially on disputes between citizens and on disputes between citizens and the state. Furthermore this also means that those in power will abide by the rulings of the courts. However adherence to the rule of law does not mean that public authorities do not act illegally. The central issue is that such unlawfulness is identified and remedied. Many societies that today expound the virtues of the†¦show more content†¦A contemporary example of Diceys theory can be seen in the case of A-G V Blake where the House of Lords allowed the Attorney Generals claim for a freezing order to prevent the defendant for receiving further royalties due to a breach of Contract with the Crown. In his second concept of the rule of law, Dicey was concerned to distinguish English law from the law of, for example, France, where there was in contrast to England, a separate set of administrative courts for adjudicating in legal disputes between a subject and a government official. Such disputes would in England at the time be dealt with in the ordinary civil courts. He expressed this by saying that every man whatever his rank or condition, is subject to the ordinary law. Dicey expressed his third concept in relations this time only to the English law. He pointed that the rights of the individual were dependent and determined by the ordinary law of the land as developed by the ordinary courts adjudicating in particular cases. He would have had in mind that in England such rights were not basedShow MoreRelatedRule of Law1413 Words   |  6 PagesBasmah Elahi Rule of Law London International Programs, UG Law, Public Law Essay 2. The Rule of Law, enforced by the courts, is the ultimate controlling factor on which our constitution is based. Discuss. The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all, rulers and ruled alike. This in the words of the 19-century constitution expertRead MoreThe Rule of Law990 Words   |  4 PagesThe idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. The term ‘rule of law,’ since reformulated by A.V. Dicey in the 19th  century, has traditionally meant to include suchRead MoreRule of law1448 Words   |  6 Pagesï » ¿1.0 Introduction The rule of law is fundamental in any society where human rights are to be protected. The word rule comes from â€Å"rà ¨gle† and law from â€Å"lagu† roughly translating to â€Å"supremacy of law†.1It is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur. The most important application of the rule of law is the principle that government authority is legitimately exercised in accordance withRead MoreExclusionary Rule And The Rule Of Law1385 Words   |  6 PagesExclusionary Rule Many constitutions all over the world provide basis for innocence until proven guilty. As such, the courts of law must always factor in the provisions of criminal procedure and natural justice when cross-examining offenders. In light of this, the exclusionary rule allows a defendant to argue his case if his privacy rights were violated before arraigned in court. In essence, the provisions of the exclusionary rule prevent the government authorities and machinery such as FBI and CIARead MoreThe Rule Of Law And The Law Of The Land1693 Words   |  7 Pagesresearch. I had a rough time determining if I should define the RULE of LAW or look at its history and how it was developed through our constitution to the laws that govern us today. After all the supremacy clause in our Constitution says â€Å"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.† After going to many websites researching a definitionRead MoreRule of Law in the Constitution1448 Words   |  6 Pagesof a legal framework supporting the rule of law, which is ultimately, an ideology. Analogically, the circumstances in which the application of the rule of law has either created a free society or undermined it will be explored and its purposes thus inferred to construct a definition of the ‘rule of law’ reflecting contemporary standards. However, Dicey’s classical definition will be used as a guide to understanding the current position of the rule of law. Briefly, Dicey’s definition comprisesRead MoreApplication Of Rule Of Law Essay1583 Words   |  7 Pages APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of written or administrative law to keep cheeks on the government but that the natural law and Rule of Law would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the concept of natural law, there are writtenRead MoreEffects Of The Rule Of Law771 Words   |  4 PagesPublic Law Essay: 1422047 Introduction In the Following I will be explaining the effects on The Rule of Law in the UK if they are to withdraw from the EU Convention on human rights and repeals the human rights act 1998 and replaces both with the UK Bill of rights. I am going to give a brief overlook on what the impact on the rule of law in the UK will be. I am also going into depth as to whether or not sovereignty effective in the UK is effective and whether society should still be entitles to theRead MoreApplication Of Rule Of Law Essay1571 Words   |  7 PagesTHEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of written or administrative law to keep cheeks on the governmentbut that the natural law and Rule of Law would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the concept of natural law, there are writtenRead MoreThe Rule Of Law And Its History858 Words   |  4 Pagesher idea that the rule of law exists â€Å"through the cognitive process of the human mind, the language of the rule of law has not only represented reality, but has also played a leading role in the creation and transformation of reality; accordingly, it has contributed to the modelling of the shared consciousness of society, including that of international society† (Beaulac, 2009, p.1). The notion of the rule of law and its history stems from many tradi tions and continents and is intertwined with the