Rule of law

Rule of law means that society should be governed on the basis of application
of law and not the dictats of individuals.
The concept of rule of law is a foundational principle for UK's constitution.
However its importance is varied over a period of time because of another
major constitutional principle i.e. parliamentary supremacy.

AV Dicey (1888):
1. Lack of arbitrariness and retrospectivity (no man be punished except for
a clear and distinct breach of law.)
2. Equality before the law/law should be superior to law.
3. Common law is the best protector of human rights.

Waddington v Miah
• Parliamentary statute could be read prospectively as well as retrospectively.
The courts chose the prospective interpretation.

Judicial review
Judicial Review in the UK is when the courts examine the decisions and
actions of the government to make sure they are fair and follow the law. If
someone thinks the government has done something wrong, they can ask the
court to review it. The court can then decide if the government's decision was
lawful or not. Judicial Review helps keep the government accountable and
ensures they act within their legal boundaries.

Parliament Act 1911 (PA 1911)

Prior to PA 1911, one major conventional rule regulated that the House of
Lord's would ultimately give way to the will of elected House of Commons.
This convention was broke down in 1908 when the lord's rejected the finance
bill of the Commons. After a deadlock between the two Houses, the
government introduced parliamentary bill 1911. Which provided that the
House of Lord's will no longer enjoy the equal powers to approve or reject
legislative proposals and that it's power would be restricted to a power to
delay legislation subject to strict time limits.

Delegated legislature
In the UK, "delegated legislature" means that some lawmaking power is given
to other groups or individuals instead of the main Parliament. This helps make
laws more flexible and efficient because it allows experts or specialised bodies
to create specific rules within the overall framework set by Parliament.
However, it's essential to ensure that these delegated powers are controlled
and checked to keep things fair and accountable.

Article 6 of the European Convention on Human Rights (ECHR)

Article 6 of the European Convention on Human Rights (ECHR) is about the
right to a fair trial. In short, it guarantees that everyone has the right to a fair
and public hearing if they are facing criminal charges or if their civil rights and
obligations are being determined. This includes the right to be informed about
the accusations against them, the right to have enough time to prepare a
defence, the right to legal representation, the right to question witnesses, and
the right to appeal the court's decision. The purpose of Article 6 is to ensure
that all individuals have a fair and just legal process when their rights and
freedoms are at stake.

ECA 1972 European Communities Act

The "ECA 1972" stands for the European Communities Act 1972 in the United
Kingdom. It was a law that allowed the UK to join the European Union (EU).
The act made EU laws a part of UK law and required UK courts to follow EU
laws. It served as the legal connection between the UK and the EU until the
UK left the EU in 2020.

HRA 1998
The "HRA 1998" is a UK law that protects people's important rights and
freedoms. It brings the European Convention on Human Rights into UK law
and makes sure that government and public authorities respect these rights. If
a law conflicts with human rights, the courts can ask Parliament to review it.
The act helps ensure fairness and justice for everyone in the country.

constitutionalism:
Constitutionalism is the doctrine which governs the legitimacy of government
action. It suggests the limitation of power, the separation of power, the
doctrine of responsible government and the protection of individual rights and
freedom.

Legal Constitutionalists:
Legal constitutionalist emphasis the role of courts in controlling powers and
protecting rights. It is law if there is abuse of powers the judiciary will control
executive powers through judicial review.

Political Constitutionalists:
Political constitutionalist on the other hand emphasis the political process to
control power. The representation of people in parliament and the ability of the
political process to control executive powers, through parliament (it gives the
sense of democracy).

Parliamentary Supremacy:
The parliament has absolutely unlimited law-making powers, They can make
or laws. Professor Allen states "parliamentary supremacy is inherently capable
of undermining the Rule of Law." The courts have given more importance to
the principle of parliamentary supremacy than the Rule of Law.

Separation of powers
According to Montesquieu, a state has three arms namely legislature,
executive and judiciary.
All three arms of state should be separate and distinct from others so as to
avoid concentration of powers. There should be no personnel (one person
performing two functions) or functional overlap (two people performing one
function).
If the three arms of state are not separated, there would be tyrannical laws
made and executed in a tyrannical manner.
Lord Ackner states that "power corrupts and absolute power corrupts
absolutely.

IMR & CMR

In the UK, ministers are individually responsible for their own departments (IMR) and
collectively responsible for the government's decisions
(CMR). If something goes wrong, ministers may have to resign, and all ministers must
publicly support government decisions.

Implied repeal
The doctrine of implied repeal in the UK means that if two laws contradict each other,
the newer law automatically cancels out the older law. It is also temporary suspend

Do judges makes laws

No they don’t make laws they just interpret laws, however they have tried on some
circumstances
Example: Burma Oil case
In this case they awarded compensation for property loss and parliament overruled
its decision by enacting, war act 1865 which has breached separation of powers so
the judiciary don’t makes laws just they interpret laws.

The rule of Natural Justice

The Rules of Natural Justice in the UK require decision-makers to:
Listen to both sides before deciding (Audi Alteram Partem).
Be impartial and unbiased in their decisions (Rule Against Bias).
These rules ensure fairness and protect people's rights during decision-making
processes.

Entick v. Carrington (1765)

Entick v. Carrington (1765) was about a man whose home was searched using a
general warrant. The court ruled that general warrants were illegal, protecting people
from unreasonable searches and seizures and establishing the right to privacy.

R v R (1991)
R v R (1991) was a legal case in the UK about rape within marriage. The case changed
the law, recognizing that husbands could be charged with rape if they had non -
consensual sex with their wives. This decision protected married women from sexual
violence and affirmed their right to say no to sex within marriage.

Burma Oil v. Lord Advocate (1965)

Burma Oil v. Lord Advocate (1965) was about the government taking a company's
property during wartime. The court said the government could do that without
compensating the company, as it was necessary for the war effort.