Rule of Law

Rule of Law Every person is subject to the law as it possesses supremacy over every person. Dicey and RoL: - Absolute predominance of regular law as opposed to arbitrary power – no man can be punished unless they breach the law. Everyone appears as equal before the law. The rights of individuals are secured by remedies of private law. In reality: - There has to be a distinction made between arbitrary and discretionary Law must distinguish different categories of people – cannot be equal? Is there absolute faith in the jud. Gov. must abide by the principle of legality (if something is to be regarded as a law, it must be enacted in whatever way the legal system prescribes). Entick v Carrington – gov. minister wanted someone arrested and to search their house, but they had no warrant. Man challenged decision and courts found him to be in the right. Conditions of the RoL: - It should be morally neutral as to the content of the law Raz argued the primary function of the RoL is to ensure “the law should conform to standards designed to enable it effectively to guide action”. o Publicly and clearly stated o Should not have retroactive effect o Should not change too often Criticisms of Raz: - Argument is not really morally neutral – importance attached to legal certainty is based on the idea that ‘human dignity’ and autonomy should be respected. Who is to decide if a principle is moral, and/or modest and uncontentious? See Pierson for the prohibition of retroactive effects. Government must act in accordance to the RoL and is bound as much as citizens are – important due to the power it possesses.