However, the doctrine of judicial review provides a basis for the application of the rule of law by maintaining within the framework of the law those with legislative and discretionary powers. From Entick y Carrington (1765) to R v Secretary of State for the Home Department expatriate Fire Brigades Union (1993), in which Kenneth Baker, the Home Secretary, was considered ultra vires when he attempted to introduce a new tariff of compensation under the Criminal Injuries Compensation Plan under the Royal Prerogative rather than the statutory power, The principle is established and repeated. The rule of law is one of the most ambitious concepts in the Constitution. The rule of law is a concept that can be interpreted differently by different people, and it is this characteristic that makes understanding doctrine elusive. Of all constitutional concepts, the rule of law is also the most subjective and valuable. The apparent uncertainties surrounding the rule of law and its variability should not be a cause for concern, although they will inevitably lead to some uncertainty. The rule of law thus helps to prevent the infringement of the political sovereignty of the people by manipulating the legal sovereignty of parliament. The fundamental question in this context is to what extent citizens should be compelled to obey unjust laws. Is there an absolute obligation to comply, regardless of the quality of the law? Is the obligation only prima facie? Is there ever a duty not to abide by the law in order to pursue a higher ideal? Each of these vast and timeless philosophical questions underpins the concept of the rule of law.
Major social changes of this magnitude would have been impossible without recognizing that there is a legitimate right of protest under certain limited conditions, however inconvenient and inconvenient that may be for governments. The rule of law and order model would not respect such a “law”, and the reaction could be one of repression. However, it is not necessary to examine such significant social changes brought about by disregard for the law to refute the “law and order” model and proclaim a certain right to dissent. Any substantive version of the rule of law, as it applies in the UK, raises normative questions about the rules to which the government should be subject, rather than simply ensuring that it follows those to which it is subject. The rule of law is therefore capable of being invoked in the case of contested powers of government that depart from precedents, depart from the European Convention on Human Rights as enshrined in the Human Rights Act 1998 and open up new legislative avenues. [13] Understanding and appreciation of the rule of law depends both politically and culturally. Moreover, it is also clear that the rule of law has more than one meaning, even within the Western liberal tradition. For some theorists, the rule of law is an ambitious philosophy; for others, nothing more than a device to ensure compliance with laws in the content. However, when the rule of law involves more than mere regulation by law and is elevated to the status of a theory that guarantees the absence of hunger and homelessness and the right to a decent standard of living, then economic conditions are paramount for respect for the rule of law. Joseph Raz, in particular, argued that the rule of law should be limited to formal values – even if formal values go beyond simply maintaining law and order. These include transparency of legislation, retroactivity of the law, independence of the judiciary and broad access to justice, as well as the right to a fair trial. [14] He suggests that the rule of law has become the embodiment of general political ideals, distinct from its real meaning: “If the rule of law is the rule of good law, then its nature must be explained, to expound a complete social philosophy.
[19] Rather, it identifies the principles of “open and relatively stable” legislation and laws by which the public can live its life. This concept of the rule of law can therefore be defended even by the most tyrannical dictatorship. Such a regime may allow for the normal functioning of courts between private parties and the limited interrogation of the government within the dictatorial framework. [1] Whether the rule of law can really exist without democracy is debated. Freedom of expression and action seems to be what crime prevention makes possible for citizens; Therefore, limitation by autocratic means was found to be incompatible with the rule of law. But the situation is much clearer in the other direction: for democracy to flourish, the rule of law (in this limited sense) must be respected. [7] The rule of law is at the heart of what it means to be a lawyer. Of course, colonized and subordinate peoples argued about what things really meant and what a good law should consist of.
When the Indian government proposed in 1892 to pass a law that would raise the legal age of sexual consent to twelve, Hindu nationalists argued that such legislation amounted to an unwarranted assault by a foreign government in the most intimate sphere of family life. Citing Sanskrit scriptures recommending marriage for girls long before puberty and marital sex immediately after, many argued that British leaders had no right to define Hindu marriage or what happened in it. The fact that such scriptures were not followed by most Hindus, or that their strict application could cause harm to young children, was conveniently ignored by these proponents of Hindu law. The rule of law is underscored by many different ideas. These include law and order as opposed to anarchy; Government in accordance with the law (i.e. “legal government”) and normative discussion of the rights of the state in relation to the individual. [1] Albert Venn Dicey described the rule of law as acting in three ways: the supremacy of ordinary law as opposed to the influence of arbitrary power; equality before the law; and that constitutional laws are not the source but the consequence of the rights of the individual. [2] For simplicity, we divide the website into two main sections to explain how the UK is governed. Thus, using the top-level navigation will take you to all the main categories (such as trade laws and health tips).