Rule of Law (L12) Flashcards
What is the rule of law?
All persons, institutions and entities are equally accountable to the same laws.
What was the decision in Entick v Carrington (1765) 19 St Tr 1029 and what did Lord Camden CJ have to say?
Held that the Secretary of State had no right under statute to issue such a warrant (seizing documents in which the journalist criticised the government).
Lord Camden CJ: “If it is law, it will be found in our books. If it is not to be found there, it is not law.”
What did Laws J say in R v Somerset CC, ex parte Fewings [1995] 1 All ER 513?
Whereas individuals may do anything the law does not prohibit, the opposite applies to public bodies— anything they do must be authorised by positive law.
What did Carnwath LJ say in R (Shrewsbury and Atcham BC) v Secretary of State [2008] EWCA Civ 148?
The powers of public bodies extend, subject to the rights of others, to anything which could be done by a natural person.
What did Lord Sumption say in R (New London College) v Home Secretary [2013] UKSC 51?
“It is open to question whether the analogy with a natural person is really apt in the case of public or governmental action, as opposed to purely managerial acts of a kind that a natural person could do, such as making contracts, acquiring or disposing of property, hiring and firing staff, and the like”.
What does R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60 tell us about the rule of law?
Demonstrates that the rule of law can be too weak at times.
What does R (Evans) v Attorney General [2015] UKSC 21 tell us about the rule of law?
Demonstrates that the rule of law can be too strong at times.
