The Rule of Law

Question 1

Function of RoL

Answer 1

prevents arbitrary government - all men equal by virtue of governed.

Question 2

Sanctions for gov defying RoL

Answer 2

Entick v Carrington: King’s messengers breaking into home to steal papers - illegal

Question 3

What is the RoL?

Answer 3

Dicey:

1. The absolute supremacy of law over arbitrary Power
2. All British subjects - government and governed alike - are subject to the same law - equality before the law (M v Home Office 1994).
   Rights of individuals are secured by the ordinary remedies of the common law: Entick v Carrington.

Question 4

M v Home Office

Answer 4

Injunctions can be granted against Crown officials acting in their official capacity.
Crown cannot be guilty of contempt of court but its ministers can

Question 5

Guiding principles of RoL

Answer 5

Laws should be prospective not retrospective : Phillips v Eure (1870)
Laws should be open and clear and relatively stable : Merkur Island Shipping Corp v Laughton
Law-making should be guided by open, stable, clear and general rules.
Independence of the judiciary is a must
Principles of natural justice ( rule against bias and durty of a fair hearing) must be observed - R v SoS for the Home Department ex parte Pierson (1998)

Question 6

Rule of law vs rule of “good” law?

Answer 6

Joseph Raz: RoL should be morally neutral. What is “good” law?
Allan: RoL should be “good’ law
Narrow approach : RoL does not have to be good law