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Rule of Law Essay

  • Submitted by: anonymous
  • on February 26, 2014
  • Category: Social Issues
  • Length: 1,184 words

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Below is an essay on "Rule of Law" from Anti Essays, your source for research papers, essays, and term paper examples.

A clearer understanding of the rule of law can be seen when Government (the executive) cannot exercise power which is not authorised by the law, effectively constraining government power. In the case of Entick v Carrington (1765), a warrant to search and seize private papers for alleged seditious writing was held to be illegal. According to Lord Bridge of Harwich he said that; “There is, I think, no principle more basic to any proper system of law than the maintenance of the rule of law itself”, in R v Horseferry Road Magistrates' Court, ex parte Bennett (1994) where the House of Lords decided a trial could not go ahead where someone was improperly extradited to the UK to face charges. Lord Griffiths said in the same case “if the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law”. Whereas in M v Home Office (1993) the House of Lords found that the court can grant an injunction against an officer of the Crown. In the case of Laker Airways Ltd v Department of Trade (1977), the doctrines of ultra vires and natural justice are also examples for judicial control of authorities.
On the other hand, if the Government does not like the result it can usually reverse it by legislation. There are many examples of the government, through Parliament enforcing its will when the courts have ruled against them. These include, Burmah Oil v Lord Advocate (1964) HL, where parliament passed the War Damage Act 1965 enacted to prevent others obtaining compensation. In Congreve v Home Office (1976) CA, the Home Secretary tried to prevent purchase of TV licences to beat the rise in cost of the licences. After Council of Civil Service Unions v Minister for the Civil Service (1984) HL the government...

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Rule of Law. Anti Essays. Retrieved December 14, 2018, from the World Wide Web: http://parimatchstavki7.com/free-essays/Rule-Of-Law-586804.html