Description of the legal term Rule of Law:
The term ‘Rule of Law’ is fundamental to the British legal system and refers to the principle that all individuals and entities are subject to and accountable to law that is fairly applied and enforced. The Rule of Law is the cornerstone of a civilised society and stands in contrast to the notion that the ruler, or the government, is above the law. In the British context, it has several underlying principles such as legality, certainty, equality, accountability, and access to justice.
Legality entails that laws should be made through an established procedure and should be clear, accessible, and understandable to the public. This principle eliminates arbitrariness in the application of legal provisions. Certainty emphasizes the need for laws to provide a stable framework within which individuals can plan their affairs with confidence. Equality before the law posits that all are subject to the same legal code and have the right to equal treatment in legal processes. Accountability ensures that government officials and private individuals are held responsible when they violate the law. Lastly, access to justice guarantees that individuals have the means to seek redress for grievances through legal processes.
The British legal system embodies the Rule of Law through various institutions and practices. Independent judiciary, free press, and parliamentary sovereignty are some of the mechanisms that ensure that these principles are maintained. The courts play a critical role in upholding the Rule of Law by interpreting and applying laws consistently and impartially. This ensures that not only are individuals’ rights protected, but also that the state itself is bound by law.
Legal context in which the term Rule of Law may be used:
One contextual example demonstrating the Rule of Law in action is the case of R (on the application of Miller) v Secretary of State for Exiting the European Union (2017). In this case, the UK Supreme Court held that the government could not trigger Article 50 (the formal process of leaving the European Union) without parliamentary approval. This exemplified the principle of legality as it reaffirmed that the government must act in accordance with legal authority granted by Parliament. The Court’s decision upheld the balance of power and the accountability of the executive to the legislature, reflecting the Rule of Law in practice.
Another illustration can be seen in the application of the Human Rights Act 1998. This Act incorporates the European Convention on Human Rights into British law, allowing British courts to hear human rights cases. In the case of A and others v Secretary of State for the Home Department (2004), the House of Lords declared that indefinite detention without charge of foreign nationals under anti-terrorism legislation was incompatible with the European Convention on Human Rights. The judgment reinforced equality before the law and the right to a fair trial, which are integral to the Rule of Law, by ensuring that executive actions do not compromise individual rights without proper legal process.
The importance of the Rule of Law in the British legal framework cannot be overstated. It shields citizens from arbitrary governance, mandates the government to operate within established legal frameworks, and ensures that justice is accessible and impartial. Upholding this legal principle fosters public confidence in the legal system and secures democracy and the protection of human rights, which are indispensable to the functioning of a fair and just society.
