1 Available at http:/
/brainyquote.com/quotes/keywords/rule_of_law.html accessed on
28th April 2014
2 M Ryan, Unlocking Public Law (2nd edition, Routledge, 2010) 93
3 A Carroll, Constitutional and Administrative Law (6th edition,
Pearson Education, 2011) 46
4 Lord Woolf in The Rule of Law and A Change in The Constitution
[2004] 64 CLJ 317
his speech. First, whatever the diversity of opinion the judges should
recognise a duty, not always observed, to try to ensure that there is
a clear majority ratio. Secondly, the sub rule under consideration
does prelude excessive innovation and adventurism by the judges.
The third, and importantly, all these points apply with redoubled
force in the criminal field. The judges may not develop the law to
create new offences or widen existing offences. The second limb is
questions of legal right and liability should ordinarily be resolved by
application of the law and not the exercise of discretion. The
essential truth of Diceys insight stands. Lord Bingham emphasises
that discretion imports a choice between two possible decisions and
orders, and usually the scope for choice is very restricted. There is
in truth no such thing as an unfettered discretion, judicial or official,
and that is what the rule of law requires. The third sub rule is that
the laws of the land should apply equally to all. It would be
comforting to treat the sub rule as of things of the past only.
However, it would unrealistic, as the treatment of non -nationals
here and elsewhere reveals. The fourth limb is that the law must
afford adequate protection of fundamental human rights. Universally
this would not be accepted as being in line with the rule of law.
Professor Raz, an academic opinion, wrote that a non- democratic
legal system based on the denial of human rights. Lord Bingham
claimed that he recognise the logical force of Razs contention but
refused to accept it. The rule of law must require legal protection of
such human rights, as within the society, are seen as fundamental.
The fifth sub rule is that means must be provided for resolving,
without prohibitive cost or inordinate delay, bona fide civil disputes
which the parties themselves are unable to resolve. Everyone would
be bound by and entitled to the benefit of the law that people
should be able to stand before the courts for determination of their
rights and liabilities. The rule of law plainly requires that legal
redress should be an affordable commodity. The sixth limb
expresses what many would, with reason, regard as the core of the
rule of law principle. This sub rule reflects the well -established and
familiar grounds of judicial review. The seventh limb is that
adjudicative procedures provided by the state should be fair. The
general arguments in favour of open hearings are familiar. The
principles have raised questions in which the first concerns
disclosure, since the prosecutor may be in possession of material,
which he is for public interest reasons unwilling or very reluctant to
disclose to the defence. Lord Bingham believes that the solutions
brought forth, even though it is not ideal, do not infringe the rule of
law. The final limb is that the existing principle of the rule of law
requires compliance by the state with its obligations in international
law, the law which whether deriving from treaty or international
custom and practice governs the conduct of nations. Lord Bingham
added that he does not think the proposition is contentious.
There has been much debate whether the rule of law can exist
without democracy. Some have argued that it can. But it seems that
Bibiliography/Referencing
Books.
Barnett, H, Constitutional & Administrative Law (Tenth edition,
Routledge, 2013)
Carroll, A, Constitutional and Administrative Law (6th edition, Pearson
Education, 2011)
Freeman, M, Lloyds Introduction to Jurisprudence (Sweet & Maxwell,
8th edition)
Giussani, E, Constitutional and Administrative Law (1st edition,
London Sweet & Maxwell, 2008)
Ryan, M, Unlocking Public Law (2nd edition, Routledge, 2010)
Electronic Sources.
Available at http:/
/brainyquote.com/quotes/keywords/rule_of_law.html accessed on
28th April 2014
Available at
http://en.wikipedia.org/wiki/Natural_law#Contemporary_Christian_un
derstanding accessed on 1st May 2014
Table of Cases
A and others v Secretary of State for the Home Department [2004]
UKHL 56
A v Secretary State for the Home Department [2005] UKHL 71
Commissioners of Customs and Excise v Cure & Deeley Ltd [1962] 1
QB 340
Entick v Carrington (1765) EWHC KB J98
Inland Revenue Commissioners and Another v Rossminster Ltd and
others [1980] AC 952
M v Home Office [1994] 1 AC 377