The rule of law Lord Bingham

Standard

people often use the phrase rule of law.

what does it mean? It should not be hurrah for our team

2005 section 1.1 Constitutional reform act. amendment act. ”nothing in this act shall detract from the existing constitutional principle of the rule of law.”

8 principles.

law must be clear and accessible. Must be intelligible.

thousands of pages of statute every year with amendments and supplements. ministerial orders made under statute.

there is a case where court got the law wrong for this reason. man was subject of a confiscation order for GBP 66 000.

prolimxity of judges iis a problem.

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3. EQUALITY BEFORE LAW

slaves were not equal. nor were certain religious groups or women. foregners treated less well

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4. PUBLIC POWERS TO BE USED REASONABLY, FAIRLY AND FOR THE PURPOSE FOR WHICH CONFERRED

Terrorism Act was misused to eject a heckler from the Labour conference

those in office do not have a blank cheque.

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5.

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6. PRIVATE VENGEANCE IS NOT ALLOWED

hiring thugs not allowed.

Litigation is to be discoruged

mediation and conciliation can be good.

going to a court to get justice is needed. stupid, frivolous or hopeless contentions must not be entertained

litigation is v expensive.

few people get ;egal aid now.

it costs 10 pounds to recover 5 as was said in the 1650s

delay is a problem. severe in Italy

human rights  – law should be observed. no matter how appalling the law HR should not interevene. Lord Bingham rejects this view.

HR are not universal. Women do not have the same rights in Saudia Arabia as in the Netherlands

in a society there isa  consensus on key rights.

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7. A FAIR TRIAL

mixed trials: these are parole boarding hearings, application for a control order,

there have been departures from fair trial principles

fundamental requirements – someone subject of adverse order must know the case against him and he allowed to challenge it in a forum where the judge has received no material that has not been revealed to the defence.

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8. STATE SHOULD COMPLY WITH INTERNATIONAL LAW

Intl law covers any areas – law of the sea, law of the air. law of outer space, law of Antarctiva

ministerila code says they comply with intl law

intl law governs use of force

Sir Michael Wood – said of war in Iraq it raises no question of principle. It was authorised by UN Security Council or not.

world is riven

there are many problems which legal ideas cannot overcome

rule of law is widely accepted. nearest we can come to a universal secular religion.

observance of these principles is the best recipe for peace, order, co operation and sound governance.

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rule of law should not be arbitrary where this can be avoided. we should not be at the whim of a judge, political or official

 

 

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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