Law and Society: Rule of Law
Introduction to Rule of Law
- The rule of law is a fundamental principle that upholds the power of law in a society over anarchy or tyranny.
- Concept brought into the limelight by the philosopher A.V. Dicey in his work 'Introduction to the Study of the Law of the Constitution.'
- It propagates that no one is above the law, a principle applied to every person, including those in power.
The Three Tenets of the Rule of Law by Dicey
- Supremacy of the law: Everyone, regardless of status or position, is subject to the nation's law and can be held accountable for their actions.
- Equality before law: Every individual is equal in the eyes of the law. It forbids any special privileges conferred upon particular individuals or groups, ensuring fairness and justice.
- Constitutional law is a product of individual rights: According to Dicey, the constitution doesn't grant rights but acknowledges the rights individuals inherently possess.
Criticisms of Dicey
- Dicey's view is criticised for being too idealistic and ignoring the realities of unequal access to legal representation and differing treatment of people by the law.
- He does not account for certain instances where the law itself is biased or discriminatory.
Modern Interpretations
- Lord Bingham suggested eight principles for the Rule of Law, including legal certainty, accessible legal redress, and fair trial rights.
- Other modern understandings uphold that the Rule of Law must also uphold the separation of powers, maintain a fair legal procedure, and strive for legal certainty.
Rule of Law in the UK
- The UK does not have a codified constitution, but the principle of the rule of law is recognised in various legal texts and statutes.
- Instruments like the Magna Carta (1215) and the Bill of Rights (1689) uphold the rule of law.
- Modern examples include the Human Rights Act (1998) and Constitutional Reform Act (2005).
- These laws, among others, demonstrate the incorporation of the rule of law principles into the UK's societal structure.
- The UK judiciary is also seen as upholding the rule of law – judges make decisions based on legal principles, not personal beliefs or political pressures.
Controversial areas
- Areas such as prerogative powers, the deployment of troops, anti-terrorism legislation, and the detention of suspects pose challenges to the rule of law.
- The demonstrate the delicate balance needed between state security and individual rights.
- Protests against perceived breaches of the rule of law and ongoing debates about its practice indicate its significance and the need for continued examination.