What Is Meant by the Rule of Law Uk

A notable case that purported to establish the rule of law in the United Kingdom was Entick v Carrington (1765) 19 St Tr 1030. This case showed that the police must demonstrate legal authority (a power conferred on them by law) to enter a person`s private property and seize personal property. Here, police officers entered Entink`s property and confiscated personal papers without a warrant, leading to his arrest and loss of personal freedom. A fundamental value of the rule of law is that a person cannot lose his or her personal liberty unless it can be proven that he or she has broken the law. For Jennings, doctrine means, first, that the state as a whole must be regulated by law, second, that the separation of powers is implicit in doctrine in order to prevent dictatorship or absolutism. Accordingly, there are certain fundamental requirements of the law, equality before the law; clearly defined police powers; clear general rules to be laid down by the courts; not retroactively in criminal laws; and strict interpretation of criminal laws. Third, the doctrine includes the principle of equality, a concept that, Jennings admits, is as vague as the rule of law itself (1959b, p. 49). Moreover, the rule of law implies above all the concept of freedom. Whatever the status of the law, the rule of law is undoubtedly underpinned by law, not every public body needs a simple concept to realize the rights of the Convention, and not to do so is to act illegally, unless there are no other forms of action because of the requirements of primary law. In our research, we wanted to understand what the public thinks about the rule of law and the justice system in general. All laws and procedures must be freely accessible to every citizen, and written laws must also be legible to provide clarity and prevent unjust discrimination and their application.

The rule of law also means that the law must be understandable and that the terminology must not be such that a person cannot understand it; Nor should legislation be too ambiguous to lose the reason for its adoption. Notwithstanding the general principle of non-retroactivity, there may be cases in which a decision imposing, for example, criminal responsibility may be upheld by the courts. For example, until 1990, there was a centuries-old exception to the rape law for husbands who „raped“ their wives. However, in R. v. R. (1991), the House of Lords upheld the conviction of a husband for raping his wife on the grounds that the rule prohibiting responsibility for the gang in marriage was anachronistic. Raz rejects the link between the rule of law and morality, arguing that Fuller`s thesis does not establish a necessary link between law and morality. And yet, for some, the distinction may be good. „Rule of law“ or „rule of law“? Public perception of the law and what it means for those who comply with it This paper should conclude by referring to Lord Bingham`s lecture, which was triggered by the legal reference to the rule of law in section 1 of the Constitution Reform Act 2005.

The importance of interpretative instruments used by courts is illustrated once again in the following excerpt. [196] At the international level, the rule of law is also promoted by the International Commission of Jurists, which seeks to maintain and improve the rule of law in the legal systems of its members. The Delhi Declaration, issued under the auspices of the International Commission of Jurists, reaffirms the rule of law and its usefulness in promoting the protection of civil and political rights, linking those rights to development and the protection of social and economic rights. The Congress of the International Commission of Jurists met in 1959 to clarify and formulate a supranational conception of the rule of law. The Delhi Declaration of 1959 recognized that the European Convention also recognises the concept of the rule of law. The preamble states: However, there have been more radical challenges from those who argue that the formal conception of the rule of law has always been a mask for substantial power inequalities and that this formal conception is in any case increasingly inaccessible in today`s world. [178] Meeting each of these requirements means that a corporation respects the rule of law.