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The Rule of Law
Title: The Rule of Law
Category: Law & Government / Government & Politics
Details: Words: 590 | Pages: 2.5 (approximately 235 words/page)
The Rule of Law
The rule of law, although popularised by Dicey was not invented by him. Prior and Post Dicey, different theorists had considered it, namely, Von Hayek, Socrates, Raz and E.P Thompson. In 1885, A.V Dicey’s book supported the theory of the English constitution as opposed to the written constitutions of other countries. However, there have been schools of thought that Diceys ideas are now outdated but recently, especially with the senior members of the …showed first 75 words of 590 total…
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…showed last 75 words of 590 total…UK law until incorporated by statute.
The judgement of the case in question, Smith and Grady v United Kingdom is evidence that supports this principle.
The final principle concerned individual rights and it stipulated that the constitution is a result of regular ordinary laws of the land.
Simon Brown LJ was willing to question government actions which do not conform to fundamental principles of human rights in R v Ministry of Defence ex Parte Smith
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