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

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Introduction

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.

Middle

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.

Conclusion

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.

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