rule of law. M Cleaver

Standard

 

A V Dicey – no one is above the law

no punishment without the law

”be you ever so high the law is above you”

the government sent an illegal immigrant back without a hearing. the court brought the person back for a hearing.

dispute about the law are settled by courts

judicial interpretation

judicial review

decisions about constitution arise from court cases and not broad principles

he liked separation of persons

====================

Joseph Raz

his 8 principles

  1. all laws should be respected, open and clear.

No retroactive laws. law should not be vague

========

2.  laws should be stable. excessive mutability is bad

===========

3. H L A Hart – rule of recognition

clear procedure for making law

legal positivism.

how do we know a law is valid? Through Parliament. royal assent

=============

4. No political pressure on judges

independence of the judiciary. judges promotion not dependent on the acceptability of their rulings to the government/

============================

5. natural justice

fair and open hearing

article 6 on E Convention of HR

Lord Chancellor – make sure he is not in executive, judiciary and legislature

Lord Hewart’s dictum

R v Sussex Justice ex parte McCarthy

Pinochet v Bow Street Magistrates

– Lord Hoffman recused himself because his wife was in Amnesty.

============

6. in US or Germany – courts can nullify laws

 

 

 

Advertisements

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.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s