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University Degree: Public Law
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- Marked by Teachers essays 19
This essay will critically evaluate the extent to which the UK judiciary has demonstrated a willingness to uphold the requirements of the rule of law whilst referring to relevant case law where necessary, in order to access how the judiciary has applied, interpreted and upheld the requirements of this rule.
Numerous definitions of the rule of law have been provided by various academics such as Stewart, public and political figures, governments and even notable organizations such as the United Nations, hence, many definitions exists, however the most notable and perhaps most influential and recognised definition, in English law is the one provided by A. V. Dicey. In ?an introduction to the study of the Law of the Constitution (1885)?, Dicey defined the rule of law as having three meanings, the first being, the absolute supremacy or predominance of regular law, stating that ?no man is punishable or can lawfully be
- Word count: 2552
Conventions regulating ministerial conduct are an ineffective means of ensuring that government ministers will be held accountable for their actions. Discuss.
They are expected to accept responsibility for any failure in administration, any injustice to an individual or any aspect of policy, which may be criticised in parliament, whether personally or not. Individual ministerial responsibility also requires them to behave appropriately in their personal life and also be competent. The Ministerial code is a code was put in place among other things to react to the observations of the public eye and to ensure the public have trust in the government who are in cabinet at the time.
- Word count: 1464
Describe, citing and discussing relevant case-law, the manner in which the judiciary controls the exercise of the Royal Prerogative. Your answer should at the outset include a brief definition of the Royal Prerogative and provide examples of prerogatives.
However, royal prerogative is now generally operated by the Crown in the name of the residing Monarch, giving weight to Dicey?s definition as opposed to Blackstone?s. Thomas Poole observed that ?In its monarchical form, in the disjunction between its past and present use, and in the thinness of the legal norms that apply to it, the prerogative might even be said to represent the very essence of the British Constitution.? Contrary to Poole?s view of there being a ?thinness of legal norms that apply? to royal prerogative, the courts have adopted the reviewability test which analyses the nature of the function rather than strict identification when reviewing the royal prerogative.
- Word count: 2369