rule of law. M Cleaver



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




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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