Rule of law Flashcards
Constitutional reform act 2005 S1
Existing constitutional principle of rule of law
Dicey Three headings
1) Absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power
2) Equality before the law
3) The law of the constitution is not the source but the consequence of the rights of individuals
Absolute supremacy of regular law
The government of the day must act within the law
Entick v Carrington 1765
Kings messangers broke into property seizing papers and claimed warrant by government.
D trespassing, if law is silent any entry onto land is trespass
Liversidge v Anderson 1942
WW2 Home sec had power to imprison anyone he had reasonable cause to believe
HOL words gave wide discretion to form a belief on any grounds and courts could not question the reasonableness of that belief
R v Inland revenue 1980 (delegated)
S20C Tax management act 1970
- Suspicion reasonable ground involing fraud to tax
Warrent questioned
court recognised law clearly conferred a very wide discretionary power and allowed it to stand
All should be equal as far as the law exists
Dicey recognises inequalities exists but did not take into account social status, race, wealth
In Re M 1994
Foreign teacher denied political asylum after torture at home
Medical evidence proving claims but failed to intercept flight home
appeal dismissed, court can grant injunction against crown minister are not immune
home sec held in contempt of court
R v Secretary of State Pierson 1997
HOL accepted unless clearest provision to contrary, Parliament must be presumed not to legislate contrary to the rule of law
Raz J rule of law
Laws should be open and clear
Must be stable
Should be guided by open clear and general rules
Independence of judiciary guaranteed
Who upholds the law
Judges
Lord chancellor
Law officers
Parliament
Solicitors
Barristers
