British Concepts of the Rule of Law

British Concepts of the prevail of LawBrief 211716 The Rule of Law Write an essay critiquing the fancy of the direct of police. To what extent does at onces British extract reflect the ideals at its core? Outlined to a lower place is a short critique of the design of the chemical formula of legality, as well as an evaluation of the dissimilar opinions or perspectives of this excogitation. The tower of law as a distinct and separate imagination is well over a gm years old. It has heavy and intact origins in Ancient Greece and Anglo-Saxon England.1 It was the putting green law of Anglo-Saxon England that had the strongest influence upon the sentiment of the rule of law, when even the Norman conquest could not stop its ongoing development.2 The fundamental basis of the rule of law is the feel that all members of any society atomic number 18 not above the law of the land, whether they ar monarchs, politicians, the nobility, or indeed ordinary people. The rule of law itself is a concept that contends that everybody lives under the same jurisdiction, of the law of their ill-tempered land from its rulers and its law sop uprs downwards.3 At first appearance the concept of the rule of law seems to be a straightforward one, yet there argon disagreements well-nigh the exact nature of the ideals at the core of the concept itself. The critique below will thus discuss the extent to which todays British state reflects the core ideals of the rule of law.4England was the country, as already mentioned, in which the concept of the rule of law was developed. The concept cosmos influenced by the common law, Magna Carta, and the standard of Rights of 1688 establishing the notion that the state should uphold the rule of law to protect its citizens, sort of of ignoring the law and subjecting the people to their autocratic will.5 Magna Carta was supposed to firmly establish the concept of the rule of law and curtail the power of the state. In reality the mona rchy, in spite of often-repeated claims of accepting the concept of the rule of law, still held considerable power until the eighteenth century, when the Prime Minister started to make widespread rehearse of the proud claim instead.6 The British state regarded the concept of the rule of law as being a reflection of the strength of liberalism as espoused by John Locke and others, the increase influence of capitalism, as well as a result of the profound and political supremacy of fan tan. The House of Commons flinged economy, whilst the House of Lords contained the highest court in the land, all in the name of the monarch whilst representing the people.7The un write constitution spurioust and continues to mean that whether or not the state keeping to the rule of law in Britain was less clear than in other countries. The lack of a written constitution was considered to be a legitimate not to mention a constitutional virtue instead of a problem as some(prenominal) legal exper ts have argued. It was assumed that because the British state has claimed to have follow the concept of the rule of law for its constitutional, as well as its legal systems that the British authorities and all its departments in reality accepted and adhered to the notion in full. There are times though when political sympathiess have acted in ways that suggested they believed that they were above the rule of law. Generally if regimen ministers or aged civil servants act in ways that appear to be antonym to the rule of law they will lose their jobs, protecting the government from the legal or political consequences of their actions.8Providing the political party forming the British government holds a Parliamentary majority in the House of Commons, it theoretically lot pass constitutional and legal not to mention politically motivated legislation that might run counter to the rule of law. British governments have on various occasions been accused of only paying lip wait on to the concept of the rule of law.9 Detractors of the lack or limited rule of law within the British state as large parliamentary majorities and the powers accorded via the royal prerogative has allowed governments to adopt policies without fully consulting Parliament, the courts, and ignoring the wishes of the general public. Governments with parliamentary majorities have argued that they are carrying out the policies contained within their manifestos, democracy does not always fit in exactly with the concept of the rule of law. The late Lord Hailsham a power Law Lord once described the constitution of the British state as being an elected dictatorship.10Arguments, as well as debates concerning how the concept of the rule of law affects the legal and the constitutional situation within the British state partially reflect the vagueness and also the ambiguity of the very of the rule of law itself. People with more liberal or more elected attitudes were not particularly convinced that the British state was not all told committed to the core set within the concept of the rule of law.11 The critics of the modern-day British state argue that the rival political parties have considered the concept of the rule of law less important than the gaining and maintaining of political power via the lovely elections. Such critics have pointed out that the combination of an unwritten constitution and the use of the royal prerogative has allowed the British state to bypass the democratic crop through the use of dubious though not illegal kernel whenever it suited British governments to do so.12However, in many respects Britains membership of the European league has had profound constitutional and legal consequences for the British state when taken as a whole. The British Parliament no longer has the complete legal and political sovereignty with European Union legislation taking priority over domestic laws.13 The European crowd for valet de chambre Rights also has the po wer to make judgements about British laws and the government can change the legislation it considers to be contravening gentle rights.14The ways in which the British state reflects the core values of the concept of the rule of law has undoubtedly changed 1997.15 The New Labour government was committed to wholesale constitutional and legal changes which have reshaped the British State, thus affecting how the core values of the concept of the rule of law are reflected inside todays Britain itself.16 In 1997 the outgoing Conservative government had been deeply unpopular in Scotland and Wales due to its economic policies whilst it had governed both countries without any Scottish or cheat MPs. New Labour was the dominant political party in Scotland and Wales so it was committed to the introduction of devolved government to both countries in order to cut back support for nationalist parties as much as making the British state more reactive to the core values of the rule of law.17Devol ved government has given the voters of Scotland and Wales a greater degree of input into the legal and political decisions that concern their lives. The introduction of devolution also means that the Scottish Parliament and the Welsh Assembly can pursue policies and pass legislation that is different from those implemented in England.18 There is also the possiblity that devolution could to lead to the liberty of Scotland at some point in the future, which would literally shrink the British state whilst demonstrating that the democratic will of the Scottish people was not been ignored. Devolved government has also been restored in Northern Ireland as part of the peace process. mightiness sharing is hopeful sign that there is a return to the sane rule of law after the Troubles had closed down the Storemont Parliament and lead to thousands of deaths. Devolution is intended to make the British state more responsive and more representative for all the people of Britain.19A fundamenta l duty period in the way that the core values of the rule of law are thus reflected in the British state has been witnessed in the area of human rights. New Labour passed the Human Rights bend 1998 in order to protect the human rights of all British people by enshrining the European normal of Human Rights into the constitution, as well as the legal system.20 The purpose of the Human Rights cause 1998 was to make sure that the British state could not wickedness or reduce the human rights of its own people, in other nomenclature to comply with the rule of law.21 The Human Rights Act 1998 increased the power of the courts to make legal decisions instead of the Home Secretary using the royal prerogative, for lawsuit for judges to set the maximum term for jail sentences. The Human Rights Act 1998 also made it easier for people to question the decisions of government departments that have adversely affected their lives. Being able to hold the government and its various departments into trace is certainly a reflection of core values that mean the British state is abiding by the rule of law. Other legislation such(prenominal) as the Data Protection and the Freedom of Information Act are intended to improve the rights of citizens whilst making the government, officials, and departments more accountable for their actions.22To conclude todays British state does to some extent reflect the concept of the rule of law as the government is democratically elected, yet can have its actions scrutinised by Parliament, the media, and the European Convention of Human Rights. The introduction of devolution in Scotland and Wales has made the British state more responsive to the wishes of its helping countries and their populations, whilst increasing the risks of the United Kingdom dissolving in the future. The Human Rights Act 1998 is also a reflection of the core values being reflected as the rule of law. However, despite membership of the European Union and the change lin k with the Human Rights Act 1998 the British government and its ministers can still assert considerable influence and power. BibliographyAlder J, (2007) Constitutional and Administrative Law, 6th edition, Palgrave, capital of the United KingdomBreyer S, (2008) Active Liberty, Oxford University Press, OxfordCoxall B, Robins L Leach R (2003) Contemporary British politics 4th edition, Palgrave, capital of the United KingdomEatwell R Wright A, (2003) Contemporary Political Ideologies 2nd Edition, Continuum, capital of the United KingdomGardiner Wenborn (1995) the History Today Companion to British History, Collins and Brown Ltd, capital of the United KingdomMacDonald A, (2007) Reinventing Britain, Constitutional change under New Labour, Politicos, LondonMartin E A, (2003) A Dictionary of Law, Oxford University Press, OxfordMcCormick, (2002) Understanding the European Union, Palgrave, LondonNugent N, (2003) The Government and governing of the European Union 5th edition, Palgrave, LondonParpworth N, (2004) Constitutional and Administrative Law, Butterworths, LondonYoung H, (2003) supping with the Devils Political writing from Thatcher to Blair, Guardian Books, LondonFootnotes1 Alder, 2007 p. 1492 Gardiner Wenborn, 1995 p. 3603 Breyer, 2008 p. 194 Martin, 2005 p. 4415 Eatwell Wright, 2003 p. 276 Sharma, 2003 p. 157 Alder, 2007 p. 1498 Parpworth, 2004 3.159 Parpworth, 2004 3.1510 Young, 2003 p. 111 MacDonald, 2007 p. 4812 Breyer, 2008 p. 1913 McCormick, 2002 p. 514 Nugent, 2003 p. 1015 Young, 2003 p. 23016 Coxall, Robbins, Leach, 2003 p. 37017 Parpworth, 2004 3.1518 Alder, 2007 p. 14919 MacDonald, 2007 p. 4820 Alder, 2007 p. 15321 MacDonald, 2007 p. 4822 MacDonald, 2007 p. 48