Public Law - Rule of Law II - Modern Interpretations
- Created by: Alasdair
- Created on: 13-11-20 02:30
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- Rule of Law II - Modern Interpretations
- Lord Bingham
- Said core of existing principle of rule of law was:
- '...all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered by the courts'.
- Eight sub-rules
- 1. Law must be accessible, intelligible, clear and predictable
- 2. Questions of legal right and liability should ordinarily be resolved by application of law and not exercise of discretion
- 3. Laws of land should apply equally to all, save to extend that objective differences justify differentiation
- 4. Law must afford adequate protection of human rights
- 5. Means must be provided for resolving, without excessive cost or delay, civil disputes which parties cannot resolve themselves.
- 6. Ministers and public officers must exercise powers conferred on them reasonably in good faith, for purpose for which powers were conferred and without exceeding limits of such powers.
- 7. Adjudicative procedures provided by state should be fair.
- 8. State must comply with its obligations in international law
- Definition overlaps with Dicey's in some areas
- e.g. idea laws must be certain and concept of equality before law
- Bingham goes further than Dicey in some areas
- e.g. importance of protection of human rights and compliance with international law
- Said core of existing principle of rule of law was:
- 'JUSTICE' definition of Rule of Law
- 7 key themes in draft manifesto for rule of law produced by JUSTICE
- 1. UK should adhere to international human rights standards in both domestic and foreign policy, with human rights being 'constitutionally protected' within UK.
- 2. Independence of legal profession and judiciary must be upheld with members of Government to refrain from criticising judiciary
- 3. Due process of law and right to fair trial must be protected
- 4. There should be equality before and under the law, with no discrimination
- 5. There should be an equal right of access to justice, with no one deprived of this right as result of financial or other disadvantage
- 6. Parliament should have greater powers to scrutinise legislation and hold Ministers to account for their actions
- in particular, scope of Royal Prerogative should be restricted
- 7. Greater co-operation between EU member states must be accompanied by greater protection for rights of individuals
- 7 key themes in draft manifesto for rule of law produced by JUSTICE
- Lord Bingham
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