• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

"Discuss the meaning and constitutional significance of the rule of law. Illustrate your answer with reference to decided cases".

Extracts from this document...


CONSTITIONAL & ADMINISTRATIVE LAW Coursework title: "Discuss the meaning and constitutional significance of the rule of law. Illustrate your answer with reference to decided cases". The rule of law means different things to different people. The meaning of the rule of law is a state of order in which events conform to the law. The rule of law often is stated to be one of the fundamental doctrines of principle of the UK constitutional. Generally it has been seen as a characteristic feature of western liberal democracies. A widely-assumed meaning of the "rule of law" is that of peaceful resolution of disputes within the citizenry based on law rather than force. Facilitating such a rule of law is a fundamental role of government. The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. The principle is intended to be a safeguard against arbitrary rulings in individual cases. According to Dicey, the rule of law is one of the fundamental principles of The English constitution; he gave three meanings of the concept of rule of law. Dicey summarized the rule of law under three captions. Primarily- Absence of Arbitrary Power or Supremacy of Law "No man could be punished or lawfully interfered with by the authorities except for breaches of law. ...read more.


As regards his third principle Dicey says that the fundamental right and liberties originate from judicial decisions. But this is a one-sided view, because in England people have got many rights through the law of parliament and charters issued by the monarchs. Various public authorities, the Crown, the House of Parliament, the court, the administrative authorities have powers and duties and most of these are determined by statute not by the courts. It has been clear that the abolition of discretionary power is not possible fully and also equality before law is not possible in every case. His third principle was abandoned since most other countries in the world have a bill of rights on some description. So the concept of rule of law as propounded by Dicey needs modification. Though it has become a fashion to criticize Dicey's theory of rule of law- the three important things absence of arbitrary power, guarantee of citizens right and the equality before law over which he made emphasis are universally recognized as the core of traditional theory of rule of law. Today Dicey's theory of rule of law cannot be accepted in its totality. The modern concept of the rule of law is fairly wide and therefore sets up an ideal for any government to achieve. ...read more.


It also includes making determinations in favor of or against the Executive; the Executive is not above the Rule of Law. This creates a tension between the Executive and the Judiciary, such as existed in an extreme form prior to 1688 and still manifests itself today. There is no such tension between the Legislature and the Judiciary: the Judiciary and the Judicial Oath sworn by all judges are part of the protection the Judiciary gives to supremacy of Parliament. The essence of judicial independence is independence from any direct or indirect interference or influence by the Executive. It is also relevant that independent is the criterion used in the European Convention on Human Rights. The executive can do anything that is not exclusively unlawful like in the course of the criminal trial of Mr. Malone who alleged that the police were intercepting his telephone calls. After being acquitted of the criminal charges, he brought a civil action against the police claiming that the police interception of his phone calls had been unlawful on the grounds that it constituted a breach of confidence, a trespass, and an unlawful interference with his privacy. Mr. Malone took his case to the European Court of Human Rights which is concerned with privacy against state interference in international law. "Its object is essentially that of protecting the individual against arbitrary interference by the public authorities in his private or family life. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Police powers

    4 star(s)

    From the experience of Tyrone, I feel that the actions of the police were unlawful despite Tyrone's stubbornness to surrender due to his anger. Though he is young and it as 2pm at night, the officer still acted unlawfully. There are several reasons to explain why the officer's actions were wrong.

  2. Criminal Law (Offences against the person) - revision notes

    into a homicide offence. Mitchell's defence was that he might have transferred his malice to the victim but he was not intending to cause death * You cant mix transferred malice, the charge must be like for like Court decided this was irrelevant - it was enough that he had committed an unlawful act.

  1. Study the concept of Reasonable man and reasonability in tort law.

    One of the appellants service pipes in a road in Eccles burst. Three days later, the resulting pool of water froze and a motor car skidded on the ice knocking down and killing a man, in an action of negligence by the dependants of the deceased against the appellants it

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    As R. Howard Bloch observes, this passage implies the contemporaneous "creation of man and woman, undifferentiated with respect to their humanness, and whose equality is attested by a common designation [homo]." The second--and more familiar--account of Eve's creation from Adam's rib (Genesis 2:7-22)

  1. To what extent has the Human Rights Act 1998 strengthened the rule of law ...

    right was upheld in the formal tradition of the rule of law, based on judicial decisions. This is in contrast to the use of a codified document, in the style of the American 'Bill of Rights/ Constitution'. It is argued that potentially the HRA may come to fulfil some of

  2. Pre Trial Procedure in Criminal Cases

    * Apart from this principles under bail act 1976 must be applied. * Police can arrest if anyone granted police bail fails to surrender to bail can be arrested. Conditional Bail * Under criminal justice and public order act 1994 gave police power to impose conditions on a grant of bail.

  1. Free essay

    Explain how the narrow rule stated in Donoghue v Stevenson has been developed.

    However, when danger is obvious and reasonable to expect for an ordinary person, there is no duty of care20. Approach is presented in Liebeck v. McDonald's Restaurants 21 where a disposable cup with hot liquid covered with a lid is not defective itself due to the general knowledge.

  2. "The function of the judiciary within the constitution of the United Kingdom is to ...

    forms of a Bill of rights if it is all true that the judiciary tends to see itself as a branch of the executive when it carries out its task of establishing the scope of the substantive criminal law. In trying to make any assessment of the judges as custodians

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work