Introduction: The Rule of Law in the UK
According to constitutional expert Albert Venn Dicey from the 19th century, the rule of law operates in three different ways: (i) the dominance of regular law as opposed to the influence of arbitrary power; (ii) equality before the law; and (iii) the laws enshrined in the constitution are not the source of individual rights, but rather the consequences. He claimed that "a government of law" rather than "a government of men" is guaranteed by the authority of law. In the contemporary UK, the rule of law is a fundamental doctrine or principle of the constitution that was empowered by the enactment of the Human Rights Act. Provision of a means of controlling abuse of power underlies the contemporary constitutional significance in the UK of the Rule of Law. It serves as a restraint on the exercise of power by the UK government. This is indeed a fundamentally important function considering that there exists no codified constitution against which to judge the conduct of the contemporary government.
Importance of Clear and Intelligible Law
Furthermore, the rule of law articulates the need for clear and intelligible law. According to the rule of law, the government must be able to provides some basis for its action that is validated by applicable legal system. Lord Donaldson MR expressed the principle of legal certainty and non-retroactivity in Merkur Island Shipping Corp v Loughton by asserting that people must know what rules govern their lives. In his agreement with this perspective, Lord Diplock observed that lack of clarity in laws can destroy the rule of law. He further added that the absence of clarity is not only unfair to people wishing to preserve this doctrine, but it encourages those wishing to undermine it.. The rule of law requires the UK law to be openly published and reasonably stable to allow citizens to plan their lives in accordance with the law.
Promoting Natural Justice in the UK
Moreover, the rule of law promotes natural justice in the UK. Professor Joseph Raz recognizes natural justice as one of the central tenets of the rule of law. This doctrine is encapsulated in R v Secretary of State for the Home Department in which Lord Steyn observed that the parliament must be presumed not to make laws that contradict the rule of law unless there is clear provision to the contrary and the rule of law provides for the enforcement of substantive and procedural minimum standards of fairness. In light of this principle, every UK citizen has the right to a fair hearing and the courts or judges exhibit no bias when making their decisions. In the contemporary judicial system in the UK, the feature of natural justice can be reflected in the "duty to act fairly." It is imperative to note that the significance of this principle in contemporary UK is reflected by the willingness of the courts to require to be complied with even in scenarios where no statutes expect them to do so.
Promoting Access to Courts
Additionally, the rule of law fosters access to the courts. The rule of law acts to ensure all people have access legal redress through the courts. This is a fundamental individual right enshrined in the UK constitution. According to Parpworth, judges regard access to courts as a fundamental principle of the contemporary legal system in the UK. As the primary custodians of the rule of law, the judges safeguard this principle and disregard any attempt to deny or limit access to the legal system. This is reflected in R v Lord Chancellor, ex p Witham in which the petitioner challenged Lord Chancellor's order to increase the fees for issuing writs. The applicant alleged that the order literally denied him access to justice since he could not raise money to cater for the extra fee as he had no legal aid. The appellate judge declared that part of the order was ultra vires on the grounds that all people have a constitutional right to access the courts, which was denied in the case.
Equality Before the Law
Besides that, the rule of law fosters equality before the law in the UK today. The central idea underlying the fundamental principle of rule of the law is that the law should apply in an equal manner to all people; rulers and subjects. All UK citizens are expected to be treated in equal proportion before the law; the law does not and should not respect any persons. In addition to equal access to the courts, the rule of law ensures that all citizens enjoy the same legal rights. This principle seeks to ensure that the court system consider race, colour, country of origin, social status, religion, ideology, and official position to be irrelevant when serving people. M v Home Office best illustrates the principle of equality before the law. In delivering the principal judgement, Lord Woolf found the government minister guilty of contempt of court. The ruling by Lord Woolf therefore underlies the point that no one, including members of parliament or executive, is above the law.
Principle of Legality of the Law
Lastly, the rule of law promotes the principle of legality of the law. In the UK, the rule of law requires that government action must have its foundation in statute, the prerogative or in common law power. R v Turner (No 2) [1971] 1 WLR 901 depicts the principle of legality. The ruling of the case illustrates that interference with the rights of an individual, for example the right to own property, can only be justified on the foundation of some lawful authority. Therefore, in the event the government is unable to provide a legal basis for the actions it takes then the legal system will perceive the actions as violation of the law, given that there would exist no lawful authority for it.
Bibliography
Cases
Secretary of State for the Home Department, R v. [1998] UKHL 30
Merkur Island Shipping Corporation v Laughton (Hoegh Apapa) [1983] 2 AC 570
R v Turner (No 2) [1971] 1 WLR 901.
R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen's Bench Division).
M v Home Office [1994] 1 AC 377
Legislation
Human Rights Act of 1998
Secondary Sources
Barnett H, Constitutional and administrative law. Taylor & Francis, 2017).
Dicey, A V, Introduction to the study of the law of the constitution (by AV Dicey 1915).
James A, Appellate Judgments–The Need for Clarity (In 36th Australian Legal Convention, Supreme Court of NSW website. 2009).
Parpworth, Neil. Constitutional and administrative law. (Oxford University Press, 2016.
Raz J, Rule of law and its virtue (Law Quarterly Review 93, no. APR (1977): 195-211.)
