Rule of Law Notes

Public Law: Rule of Law

“Law of the constitution consists of 2 fundamental doctrines: Sovereignty of Parliament and rule of law.” ~ Dicey’s Law of the Constitution, 1885

Sovereignty of Parliament | * Relationship of Parliament to the law |

Rule of Law(basic definition)God

Law

King

Government

Men

God

Law

King

Government

Men

| * Relationship of Government to the law * The overarching principle of constitutional law: Democracy through law * “Principle of governance with values that should be reflected in the legal system and respected by those interpreting/making/developing the law”Dicey’s 2 main definitions: * Absolute supremacy of the law as opposed to the influence of arbitrary power * Govt must act in accordance with, and not beyond, its legal powers * Equal subjection of all classes to the ordinary law of the land. * Govt officials not above the law. |

Government under Law

| “What is not expressly forbidden in the law is permitted” | “What is not expressly permitted in the law is forbidden” |

Public Bodies | * Malone v Metropolitan Police Commissioner [1979] * Police tapped Malone’s phone to investigate handling of stolen property. * Sir Robert Megarry V-C Tapping did not amount to trespass, so police not guilty. * Per incuriam of the rule of law established in Entick v Carrington. * Commission to the European Court of Human Rights ruled it was a violation = UK had to draft legislation on minimum degree of legal protection to which citizens are entitled under rule of law. * If public bodies, with their governing power, are subject to the same laws for individuals, won’t they have too much power? | * Entick v Carrington [1765] * King’s messengers entered Entick’s house and searched it for seditious writings, armed with warrant from Secretary of State. * Lord Camden CJ (Decision at first instance): Since no justification for the trespass was found in the law, the warrant was illegal and void. *...