The Rule of Law
- Created by: Isabella
- Created on: 06-05-13 10:09
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- The Rule of Law
- Key principle of the UK Constitution in which justice is guaranteed for all
- AV Dicey, constitutional expert, described it as one of the twin pillars of the constitution (parliamentary sovereignty is the other one)
- According to AV Dicey, there are 3 main principles
- No can be punished without trial
- Happens in most cases
- Does not with terrorist suspects, since 2001 range of methods have been passed to let them be punished w/out trial
- For example , being held for indefinite amount of time and having their assets frozen
- In practice , has been ignored since 2001
- No one is above the law, all equal to the same justice
- Some exceptions
- The Monarch
- Queen not called for the Paul Burrell case
- Diplomats- diplomatic immunity
- Libyan diplomat who shot Wpc Yvonne Fletcher
- MPs
- Some MPs
- Expenses scandal
- Principles of the constitution result from judicial decisions not government ones
- While the decision of judges certainly have a part to play in defining the UK's constitutional arrangements, Parliament is sovereign and statue law remains supreme
- Any legal precedent can be overturned by means of simple Act of Parliament
- Threats to the rule of law
- the activities of the Secret Service (after 9/11)
- Removing "traditional rights"
- Untitled
- the attempt to remove an individual's right to trial by injury
- Gagging clause signed by civil servants
- After Clive Ponting and the Belgrano issue after the Falklands War
- the Official Secrets Act
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