Author: Reyyan Mansoor, Middlesex University, Dubai
To The Point
The rule of law states that no one is above the law. It implies that all laws apply to everyone fairly, whether they are part of the government or part of the citizenry. Both are bound by the same rules, the same consequences and the same punishments.
Unlike many other countries, the United Kingdom has an uncodified constitution that’s defined by its customs and traditions as well as judicial precedents which gives the defining principles behind many concepts and present court decisions. Further, there is also a high dependence on statute law or the written Acts of Parliament and constitutional conventions.
Use of Legal Jargon
The rule of law applies to various concepts and principles including judicial review, parliamentary sovereignty as well as the separation of powers.
Judicial review is the process by which the court examines the lawfulness or unlawfulness of a decision or action untaken by a public body. It looks at how the decision was made and how it affected the public.
There are three main grounds under which judicial review takes form – illegality – where a public body misused its power, irrationality – where a decision was taken that is seen to be so unreasonable that no sensible person would make it and procedural impropriety – where the public body showed a bias or ignored fair procedure. Not all grounds must be satisfied when it comes to judicial review to get a decision which takes the form of a quashing order, declarations and injunctions, etc.
Parliamentary sovereignty establishes that the Parliament is the supreme legal authority in the United Kingdom. It implies that it is only Parliament that can make, repeal or amend any law. Additionally, Parliament cannot bind its successors meaning that there is no unchangeable law, laws can be changed and the courts do not have the authority to strike down an Act or label it to be unconstitutional.
Separation of powers takes the form of the three branches of governance in the UK. The Legislature is the supreme law making body of the country, they make and pass the laws. The Executive is the government. They execute the laws and form policies. Finally, the Judiciary are the courts which interpret the law, often seen to the public.
The Proof
Detailed case descriptions will give a better understanding with the way that the rule of law applies. The rule of law defines equality before the law, no matter your role in society – the law applies to everyone equally and fairly. It applied to the Prime Minister in R (Miller) v The Prime Minister [2019], where the Prime Minister at the time advised Queen Elizabeth the second to suspend parliamentary activities leaving mere weeks before they made the critical decision to leave the European Union (EU). The UK Supreme Court nullified the decision leading to the continued work of Parliament.
Similarly, in Entick v Carrington [1765], the court ruled in favor of the claimant, Entick, after he sued the four messengers who trespassed on his property and took with them a number of pamphlets over alleged anti-government information.
Both cases are similar in terms of principle where the rule of law took precedence over any other principle and was thus applicable to everyone, regardless of their standing and position in society.
Abstract
Under the principle of the rule of law, everyone is equal in the eyes of law, no matter their position from members of Parliament to the general public. It often prevents the misuse and abuse of power to protect the people. It takes up many forms and principles like the separation of powers and judicial review. Further case details will give a more extensive outline on the principles that are defined by the rule of law.
Case Laws
● R (Miller) v The Prime Minister [2019]
○ In 2019, Prime Minister Boris Johnson advised Queen Elizabeth the second to prorogue Parliament, just weeks before the United Kingdom (UK) was set to leave the European Union (EU).
○ The duration of the suspension, around 5 weeks, was considered to be a lot longer than what was expected, leaving Parliament with a lot less time to actually deliberate the matter at hand.
○ The case went to court when Miller challenged the advice given by the Prime Minister. Originally in the High Court, the case was ruled to be immune from judicial review, an aspect rejected by the Supreme Court citing that it was the court’s duty to uphold the rule of law.
○ The case went all the way to the UK Supreme Court with 11 Supreme Court justices at the bench, where it was decided that the Prime Minister held no authority to advise the Queen, the monarch, about matters when it had the potential to prevent or prolong decisions that would hinder constitutional functions without proper justification.
○ As a result, the advice given by the Prime Minister was held to be void and was nullified by the court and the House of Commons and House of Lords were able to continue their duties.
● Entick v Carrington [1765]
○ In 1762, messengers of the monarch, the King, forcibly entered the home of the claimant, Entick with a warrant signed by the Secretary of State. He was suspected of writing and holding pamphlets with information that was anti-government in nature.
○ The messengers, the defendants, in question, spent hours tearing apart the claimants house and taking over 100 pamphlets which led to his arrest.
○ It must be noted that the warrant signed by the Secretary of State did not name Entick specifically. Entick sued the messengers for trespassing and the court ruled in his favor awarding him damages.
○ The court cited the rule of law in this case citing that all public officials like the Secretary of State have no authority to issue warrants like this and any intrusion of this rule would require proper justification.
Conclusion
The rule of law means that no one is above the law and prevents the misuse and abuse of power. Since the United Kingdom has an uncodified constitution, a number of its principles are based on its customs, traditions and judicial precedents. Various case laws have also been discussed where the rule of law has been a main application in the courts decision which shows that no one, no matter in what position, is above the law, even the Prime Minister of the UK.
FAQ’s
1. What is the Rule of Law?
The rule of law is the principle established which states that no one is above the law no matter where they stand in society, and that everyone is equal in the eyes of law.
2. What are some of the concepts established with the rule of law?
Some concepts established include the rule of law, equality before the law, and the supremacy of the law, etc.
3. Are there any relevant cases when discussing the topic?
Relevant cases would include R (Miller) v The Prime Minister[2019] as well as Entick v Carrington [1765].
