Rule of Law

You should always be aware of practises within your workplace that might exclude some individuals. Some of these practices could be changed or modified in order to be more inclusive.

The text book definition of rule of law is simply stated as the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. This in laymen’s terms simply means that power is no-longer the ultimate decider,

The rules are broken down into eleven articles; for now we will explore article VII – with the opinions and expert testimonies. When comparing the

A notable case where the rule of law became paramount was the dealings of King John of England and his barons, who “nudged” him to sign the Magna Carta, a document which essentially limited the powers of the King and even allowed a committee (of Barons) to depose of the King if the King were to disobey the Magna Carta. This power served two functions, one, it placed the King (who was already above every corporeal form) under the law and two, it gave others power over the King, which was a simple form of checks and balances, which will be discussed later. Nonetheless, the rule of law is essential to a constitution, as without the general understanding that no one is above the law, no one would (contently) follow the law and no leader(s) would abide by the set of base laws provided within the constitution. It goes without saying that if no one follows the law, why even have those laws in the first

Despite some recent reforms, there are still criticisms to be made of the current law

The Equality Act 2010 makes your rights not to be discriminated against stronger. Discrimination means treating someone less privileged other people because of who they are.

However such legislation has raised considerable concern as to whether the changes to legislation are necessary, constructive or simply a thin veneer displaying the government’s statement of intent.

We can’t write off the rule of law as irrelevant rhetoric: it has been recognised as an important constitutional principle in an Act of Parliament: Constitutional Reform Act 2005- 1. The rule of Law; This act does not adversely affect- (a) the existing constitutional principle of the rule of law, and is routinely cited as a constitutional principle by the courts.

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

In the UK, like in the US, there is a growing shift from the traditional approach of the Bolam test to a patient-centered approach (Culhane et al., 2012, p. 567). In the Bolam case, the argument is that a physician is legally correct is acting according to the standard accepted in medicine. The court ruling was that the doctor was not liable for practice violations if the practice did not require disclosure of the risks of its application (Culhane et al., 2012, p. 568).

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.

Goodey et al. (2008 p.6) states that ‘law can be defined as a set of rules created by the state which forms a framework to ensure a peaceful society. If the rules are broken they can be enforced by mechanisms created by the state and sanctions imposed.’

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

The rule of law represents a challenge to State authority and power, demanding both that power be granted legitimately and that their exercise is according to law. The law is not autonomous but rests on the support of those it governs. Whilst the rule of law places law above everyone, it remains paradoxically subjected to the ultimate judgment of the people. The rule of law is considered the most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the idea of the rule of law.

These practical concerns are often allied with more theoretical concerns for state sovereignty. Although several tribunals have affirmed the authority of