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

The rule of law

Extracts from this document...

Introduction

The Magna Carta 1215 and the Bill of Rights 1688 were attempts made by people of the time to enforce the rule of law in Britain. The rule of law is a set of values or principles that are the cornerstone of our legal system. These principles are known or readily discoverable and therefore do not change without notice; are reasonably clear; apply prospectively, not retroactively; and enforced through public trials based upon rational procedural rules before arbiters independent of the state and all others. The purpose of the rule of law is to remove both the reality of injustice and the sense of injustice, thus preventing individuals from taking the law into their own hands as would occur under natural law or anarchy. The rule of law advocates that no one, not even Kings, politicians, government officials etc... are above the law. During the medieval period a transition took place in Britain that moved the feudal belief that the King was subject to law to the King being above the law. ...read more.

Middle

The Glorious Revolution was the result of a series of kings doing as they pleased against the rule of law. Clarke states: "In the sixteenth century in England the constitutional practice emerged that major changes in national policy were made by acts of parliament. In the early seventeenth century when King James I and his successors sought to rule by the prerogative and in particular to raise taxes by extra-parliamentary means, a conflict ensued with parliamentary forces and some sections of the judiciary." Following the revolution, the current monarch was replaced by Dutch protestant King William of Orange on the condition that he agree to the Bill of Rights 1688. The Bill of Rights imposed far greater restrictions upon the monarch then the Magna Carta had, and introduced many concepts considered part of the rule of law. Some examples of this are: Art1,2 which prevented the monarch from suspending or dispensing with the law and executing laws; Art10 disallowed excessive bail and fines, and cruel and unusual punishments. ...read more.

Conclusion

In relation to this case, Wade and Bradley state: "Such decisions stressed the value of personal liberty, and the necessity of protecting private property against official interference. At the same time, the remedy of habeas corpus was being developed. Formal adherence to the law was one of the public values of 18th century Britain, though not all the people gained equally from it." Thus the case of Entick v. Carrington set a precedent whereby the rule of law prevailed except where statute said otherwise. In conclusion, the rule of law safeguards liberty for citizens against arbitrary use of power by the government. The Magna Carta was a barely enforceable document but put the rule of law out in the open for all to see, and the Bill of Rights giving further power towards enforcing the rule of law. Although the Magna Carta 1215 and the Bill of Rights 1688 may not have enforced the rule of law fully, they were indeed a step in the right direction. Kylie Willis SN: 04439554 LWB42 Law, Society and Justice Week 5 Self directed tutorial exercise 1 ...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

    Judicial precedent.

    3 star(s)

    ( Predictability - this relates to the certainty argument. With a large number of reported decisions, it should be easier to predict the outcome of a particular dispute and to enable legal advisors to give their clients precise and accurate advice.

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

    for murder was direct or oblique intention. The same rule would apply fort s18 GBH. This was confirmed in R v Bryson 1985 when it was concluded that the MR. for s18 was direct intention to do GBH or oblique intention to do GBH (GBH was a virtual certainly following the defendants actions)

  1. Property, Liberty, and the Law

    Without a central governing body, patents could be granted to multiple inventors or authors. The United States Patent and Trademark office is only one of the numerous patent governing bodies in the world. The International Patent Institution, started in 1949 and based in Geneva, Switzerland, researches patents to make sure that duplicate patents are not issued.

  2. Should Capital Punishment be enforced

    Romans chapter thirteen verses one to four states "Let every person be subjected to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore he who resists what God has appointed, and those who resist will incur judgment...

  1. The Law Relating to Negotiable Instruments

    Protest The protest is the formal notary certificate attesting the dishonor of the bill, and based upon the noting which has been effected on the dishonor of the bill. After the noting has been made within the specified or reasonable time, the formal protest may be drawn up by the

  2. LAW OF TORTS II

    This is explained by Peter Cane in Taking Disagreement Seriously: courts, legislatures and the reform of tort law when he writes: In fact, making and developing tort law involves striking a balance between the interests we all share in personal and financial security on the one hand, and freedom of

  1. Is Nuclear Power the Answer for the Future?

    * Meltdowns have occurred previously, e.g. Chernobyl, in which fission has run rampantly out of control with a disastrous aftermath, causing many deaths. * Nuclear energy from Uranium is not renewable. Once we've dug up all the Earth's uranium and used it, there won't be any more.

  2. Free essay

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

    under a duty to inform the consumer about risk connected with the good in question using a leaflet or a labels16. It applies for all situations where the product needs to be used in correct way17. A matter of appropriate notice is a question of fact and degree of the danger the article brings.

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