The Rule of Law (+ essay plan)
Essay Questions
2011
‘Our parliamentary democracy is based on the rule of law. One of the twin principles upon which the rule of law depends is the supremacy of Parliament in its legislative capacity. The other principle is that the courts are the final arbiters as to the interpretation and application of the law. As both Parliament and the courts derive their authority from the rule of law so both are subject to it and can not act in a manner which involves its repudiation.’ (Lord Woolf, 1995) Explain and discuss.
1. The traditional British Constitution assumed:
Parliament would protect freedom and take into account the rule of law in its legislative capacity. It would be therefore, be self-controlling.
The courts through their commitment to the rule of law would assert the importance of freedom against the exercise of executive power and the making of legislation.
2. Parliamentary democracy is based upon the rule of law. [Needs expansion]
Parliamentary democracy = the government is voted into power by the people in order to represent the interests of the people.
3. The rule of law can only exist if Parliament recognizes it and adheres to its principles in its legislative capacity.
There is a conflict between the two fundamental constitutional principles; the sovereignty of Parliament and the rule of law. If the conflict is not resolved, a constitutional crisis will arise. (Bogdanor)
In the UK, Parliament has no legislative superior.
The essence of parliamentary sovereignty has been expressed by Bogdanor as “what the Queen in Parliament enacts is law”.
Similarly, Dicey has stated, “it is a fundamental principle… that Parliament can do everything but make a woman a man, and a man a woman.”
Parliament in its legislative capacity can choose to violate the rule of law.
The issue is therefore, whether Parliament can legislate in a manner, which infringes the rule of law.
NB: This issue only arises if one adopts a ‘thick’ definition of
2011
‘Our parliamentary democracy is based on the rule of law. One of the twin principles upon which the rule of law depends is the supremacy of Parliament in its legislative capacity. The other principle is that the courts are the final arbiters as to the interpretation and application of the law. As both Parliament and the courts derive their authority from the rule of law so both are subject to it and can not act in a manner which involves its repudiation.’ (Lord Woolf, 1995) Explain and discuss.
1. The traditional British Constitution assumed:
Parliament would protect freedom and take into account the rule of law in its legislative capacity. It would be therefore, be self-controlling.
The courts through their commitment to the rule of law would assert the importance of freedom against the exercise of executive power and the making of legislation.
2. Parliamentary democracy is based upon the rule of law. [Needs expansion]
Parliamentary democracy = the government is voted into power by the people in order to represent the interests of the people.
3. The rule of law can only exist if Parliament recognizes it and adheres to its principles in its legislative capacity.
There is a conflict between the two fundamental constitutional principles; the sovereignty of Parliament and the rule of law. If the conflict is not resolved, a constitutional crisis will arise. (Bogdanor)
In the UK, Parliament has no legislative superior.
The essence of parliamentary sovereignty has been expressed by Bogdanor as “what the Queen in Parliament enacts is law”.
Similarly, Dicey has stated, “it is a fundamental principle… that Parliament can do everything but make a woman a man, and a man a woman.”
Parliament in its legislative capacity can choose to violate the rule of law.
The issue is therefore, whether Parliament can legislate in a manner, which infringes the rule of law.
NB: This issue only arises if one adopts a ‘thick’ definition of