The rule of law and the concept of accountability
“How do the rule of law and accountability operate within the United Kingdom constitution? Does the reality match your picture of how a democracy should work? Explain your reasoning drawing on relevant material you have studied.”
The concept of accountability and the rule of law in UK is a quite controversial topic of discussion. There is too much debate whether or not there is a good resemblance of the doctrine of democracy in accordance with these two topics in reality. Accountability, as well as, the rule of law is underpinned by the concept of democracy. Those in power who are elected by people must be accountable for the way they use their power. Accountability is dealing with scrutiny and with the check of balances; it is enhanced by the separation of powers. On the other hand, the rule of law is the principle that “nobody is above the law”. The rule of law only exists in democratic societies, as it is a set of fundamental principles, which implies that power should be exercised within law in order to exercise control over it.
A.V.Dicey considered by many people, the father of public law, defined the rule of law “as a set of accepted guiding principles”1. Lord Bingham based his ideas on those of Dicey and explained the rule of law in 8 points2. In my opinion, UK has made some efforts in the last decades to enhance the rule of law and accountability, by moving from parliamentary to constitutional sovereignty.
Constitution is defined “as the set of laws and principles under which a state is governed”. These rules define the powers and duties of the government, as well as, individuals’ freedoms and human rights. Most countries have a “written single constitutional document” that is rigid and is difficult to change it. In the USA, the constitution has only been amended 27 times because of the complexity of the procedure. Unlike other countries, the UK constitution is “uncodified”, as it is not written in one single document. However, the UK constitution has
The concept of accountability and the rule of law in UK is a quite controversial topic of discussion. There is too much debate whether or not there is a good resemblance of the doctrine of democracy in accordance with these two topics in reality. Accountability, as well as, the rule of law is underpinned by the concept of democracy. Those in power who are elected by people must be accountable for the way they use their power. Accountability is dealing with scrutiny and with the check of balances; it is enhanced by the separation of powers. On the other hand, the rule of law is the principle that “nobody is above the law”. The rule of law only exists in democratic societies, as it is a set of fundamental principles, which implies that power should be exercised within law in order to exercise control over it.
A.V.Dicey considered by many people, the father of public law, defined the rule of law “as a set of accepted guiding principles”1. Lord Bingham based his ideas on those of Dicey and explained the rule of law in 8 points2. In my opinion, UK has made some efforts in the last decades to enhance the rule of law and accountability, by moving from parliamentary to constitutional sovereignty.
Constitution is defined “as the set of laws and principles under which a state is governed”. These rules define the powers and duties of the government, as well as, individuals’ freedoms and human rights. Most countries have a “written single constitutional document” that is rigid and is difficult to change it. In the USA, the constitution has only been amended 27 times because of the complexity of the procedure. Unlike other countries, the UK constitution is “uncodified”, as it is not written in one single document. However, the UK constitution has