Rule of Law Flashcards
Griffith
Skeptiks
Means towards an end
Fantasy of liberals
Loughlin
Skeptiks
Slogan
Ruling involves action
Evans 2015
Charles correspondence - no reasonable ground for AG non compliance
Presume not to legislate against RoL
M v Home Office 1994
Ignored order to return asylum seeker
Have coercive power - otherwise ‘executive obey laws as matter of grace and not as matter of necessity’
Burmah Oil 1965
Compensate war destroyed property
Valid use of PP but obligation
Ex P Pierson 1998
Retrospective minim sentence
Ambiguity = presumed not to invade common law rights
Davis
Witness Hidden - No
Crim Evidence Act 2008
Dicey
No man punishable except for distinct breach of established law- constitution pervaded by RoL + no man above it
Jennings
Rights as consequences of laws
Raz
CONTENT FREE
Political Constitutionalism
Formal Equality
Dworkin
Content Rich
Activist judiciary + Substantive Justice
HERCULES
Fuller
CONTENT RICH
Legal Constitutionalism
Internal Morality
Laws
Content Rich
Higher order law
Anatole France
‘forbids the rich and the poor alike to sleep under bridges’
Craig
‘if you wish to argue about the justness of society do so by all means… not necessary or desirable to cloak the conclusion in the mantle of RoL’
Bingham
Accessible, Intelligible No discretion Apply equally UV Protect fundamental rights Means for resolving conflict Compliance Int'l Law
Entick v Carrington
‘If it is law, it will be found in our books…silence of the books is an authority against the D’
Obiter in Jackson
‘The classic account given by D… can now be seen to be out of place in the modern UK …the SoP is still the general principle of our const…the judges created this principle’
HOPE: ‘PS, is no longer, if it ever was, absolute,…the RoL enforced by courts is the ultimate controlling factor on which our constitution is based’
Constitutional Reform Act 2005
Modify role of Lord Chancellor
‘does not adversely affect …existing constitutional principle of RoL’
Malone v MPC
Telephone Tapping
Megarry: ‘not a country where everything is forbidden except what is expressly permitted’
GEARTY: courts attack not exercise of arbitrary power but violation of established prop rights
No common law right of privacy
