Features of a legal system based on the rule of law Flashcards
What is a key feature of a legal system that is based on Dicey’s rule of law
that the government must be conducted according to the law
What case is that government must be conducted according to the law based on
Entick v Carrington- partially based, determined that the executive can do nothing without legal authority- when a public body claims to have the power to do something it must be able to identify the precise legal power
What did Stroud v Bradbury say
that public bodies exercising statutory duties must do what statutes require them to do
What did Congreve v Home Office say
that courts are duty bound to correct and abuse of power by the executive and judges are free to exercise their jurisdiction independently.
What was held in SSHD, ex p Fire Brigades Union (Lord Mustill)
the role of the courts is to make sure that powers are lawfully exercises by those t whom they are entrusted, not to take powers and exercise them afresh
