This aspect of the Rule of Law is crucial. * It empowers individuals with rights which cannot be easily taken-away. 1. These limits are less evident in the UK, where it is often said that an ‘elective dictatorship’ exists. The Rule of Law is fundamental to the British constitution. removing what were considered traditional rights (such as the removal of the workers right at GCHQ to belong to a trade union under the Thatcher government (though brought back since 1997) Closer analysis of the role of law vis-à-vis social change leads us to distinguish between the direct and the indirect aspects of the role of law. . It involves: The rights of individuals are determined by legal rules and not the arbitrary behaviour of … ( Log Out /  This is particularly the case since 2013 when the Coalition Government made controversial cuts to the legal aid system. Its success depends on the role of trial by jury and the impartiality of judges. Everyone, regardless of your position in society, is subject to the law. Prohibition prevents an inferior court from hearing a case it does not have the power to listen to. Along with Parliamentary Sovereignty, the Victorian constitutional scholar A.V Dicey called the Rule of Law one of the ‘twin pillars of the UK constitution’. In HM Treasury v. Ahmed the UK Supreme Court rule that the Government had acted ‘Ultra Vires’. Rule of law is important because: * It checks abuse of power by authorities. AV Dicey was the first scholar to codify the Rule of Law. The essay will also evaluate the developments and impacts of various political movements, will briefly evaluate the various political governmental systems that underpin British systems of government. The law must be administered by an independent judiciary (courts system). It has since been fundamental to any functioning state, all of which are governed by the rule of law. A law-abiding individual, it is argued, need never worry about such organisations. However, since the Constitutional Reform Act (2005) a new Judicial Appointments Commission has been established to try to ensure that the appointment of judges is objective and impartial. The British monarch plays a very important role in the government of the United Kingdom. The Rule of Law a Doctrine whereby every person no matter who they are must obey the law, there is no leniency for a person because of their peerage, sex, religion or financial standing. Law plays an important indirect role in regard to social change by shaping a direct impact on society. . Mandamus orders an inferior court to carry out its duties. This prevents the rich and powerful from avoiding legal processes. ( Log Out /  They claim that central government has sought and seeks to undermine the three basic tenets of Dicey’s code with an increase in things such as: the Official Secrets Act Change ). Supporters of a written and clearly defined constitution believe that as society has had its liberties more and more encroached on by central government, the Rule of Law is more important now than ever. The case went all the way to the UK Supreme Court. The Supreme Court ruled that the Government had acted ‘Ultra Vires’ (beyond its power) and had not followed international law or in establishing the right to freeze the aspects of suspected terrorists. Mandamus orders an inferior court to carry out its duties. Although he was not a direct suspect in the case, the fact he was interviewed was significant. The Rule of Law is an aspect of the British Constitution that has been emphasised by A V Dicey and it, therefore, can be considered an important part of British Politics. There is uncertainty with regard to their position in relation to laws and whether their obligatory nature makes them more than mere habits. His formulation of the Rule of Law is still accepted today. Only two of the current 11 Supreme Court Justices did not attend Oxbridge. This means that the rich are at a major advantage over the poor. However, in modern liberal democracies, like that in Britain, it has taken a more defined meaning. As Britain incorporated the Human Rights Act in October 1998, it was alerted that the current position of the Lord Chancellor needed to be rethought. The critical feature to the Rule of Law is that individual liberties depend on it. 1. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. It is argued that these bodies help to protect the rights of the individual at the expense of any incursions into their personal freedom by government agencies. In Britain, judges are expected to be independent of Politics. Traditionally, this independence was questionable. The gagging clause that now has to be signed by those in the Civil Service after the Clive Ponting and Belgrano issue shortly after the end of the Falklands War. However, in modern liberal democracies, like that in Britain, it has taken a more defined meaning. It involves: The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities. This principle ensures that everyone is treated the same under the law. Tony Blair was twice interviewed by Police while PM as they investigated the ‘Cash for Honours’ scandal. in America THE LAW IS KING. It is agreed with some justification that a modern society needs bodies like MI5 and MI6 simply because there are a tiny number of individuals who wish to subvert society and have to be dealt with accordingly. Change ), You are commenting using your Facebook account. Prohibition prevents an inferior court from hearing a case it does not have the power to listen to. the activities of the Secret Service (especially after September 11th) Normally viewed as a group, or organization a government will exercise authority, controls, and administer public policy and directs control of its members. Also there are bodies that theoretically oversee the activities of government agencies and their work – such as the Council of Tribunals and the Parliamentary Commissioner. He said there are three key facets to the Rule of Law: An important principle of liberal democracy is placing clear limits on the powers of the government to avoid tyranny. In 2006 Parliament passed a Government Bill that had a clause that allowed the freezing of the financial assets of suspected terrorists. The concept of the rule of law is an ancient one. A terror suspect named Mohammed Jabar Ahmed was one of those that had his assets frozen. In his book ‘Introduction to the Study of the Law of the Constitution’ AV Dicey became the first scholar to codify the rule of law as it pertains to Britain. Chapter 1 of the third edition of Letters to a Law Student deals with the question of why anyone would want to study Law, and in the course of so doing defends the importance of law, and by extension the work that lawyers do. The paper attempts to provide a constructive understanding of the rule of law …