Rule of Law

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Basmah Elahi

Rule of Law

London International Programs, UG Law, Public Law Essay 2.
The Rule of Law, enforced by the courts, is the ultimate controlling factor on which our constitution is based. Discuss.

The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all, rulers and ruled alike. This in the words of the 19-century constitution expert, A.V.Diecy ensures a ‘government of law ' and not a ‘government of men ‘. The alternative to the rule of law is there for arbitrary government. In this way, the rule of law establishes the relationship between government and the people. AS John
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The Law Is Always Applied
Disputes must be resolved by the application of the law rather than by other means. This means that there must be a certainty of punishment for breaches of law –law cannot apply in certain circumstances, but not in others. By the same token, there should be punishment only for breaches of law- people should not be penalized except through the due process of law.
However, concerns have been expressed about the extent to which this principle applies in the UK; * Not all crimes are reported and therefore legally addressed ( this applies, for instance, in the case of most rapes) * As polices resources are limited many crimes are not detected ( for example , speeding offences) * ‘Trial by the media ‘means that people may be punished without legal proceeding having taken, or, perhaps, despite being acquitted.

4. Legal Redress Is Available Through The Courts
If people 's rights have been infringed (whether by other citizens, organizations or the state,) they should be able to protect themselves through the law. For many legal experts and a growing body of senior judges this implies that the law should defend fundamental human rights .This is the aspect of the rule of law that safeguards the individuals from the state.
However, concerns have been expressed about the extent to which this principle applies in the UK: * There is no entrenched bill of right to protect fundamental human rights * The Human Rights
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