Why are you Why are you afraid to break afraid to break

law?law?What is the rule of law?What is the rule of law?

Your taskYour task

Read Roberts, p.212-213 and answer the Read Roberts, p.212-213 and answer the following questions.following questions.

What is What is Dicey’sDicey’s definition of the ‘rule of law’? definition of the ‘rule of law’?

How does Grant’s definition differ?How does Grant’s definition differ? What are the limits to the rule of law?What are the limits to the rule of law? What did Lord Hailsham mean by the What did Lord Hailsham mean by the

phrase ‘elective dictatorship’?phrase ‘elective dictatorship’? What protects the rule of law?What protects the rule of law?

What is the rule of law?What is the rule of law? A V Dicey, ‘An A V Dicey, ‘An

Introduction to the Study Introduction to the Study of the Law of the of the Law of the Constitution’ (1884)Constitution’ (1884)

2 key principles of UK 2 key principles of UK ConstitutionConstitution

No punishment without No punishment without breach of law breach of law

Everyone subject to same Everyone subject to same lawlaw

Rights stem from Rights stem from judgements of judgements of independent judiciary (not independent judiciary (not executive)executive)

Lord Falconer, Lord Chancellor

What is the rule of law?What is the rule of law? Moyra Grant, ‘The Moyra Grant, ‘The

Rule of Law – Theory Rule of Law – Theory & Practice’ (1994)& Practice’ (1994)

All subject to same All subject to same lawslaws

Laws should be ‘just’Laws should be ‘just’ Laws should be Laws should be

unambiguousunambiguous Innocent till proven Innocent till proven

guiltyguilty Independent Independent

judiciaryjudiciary

What is the rule of law?What is the rule of law? Legal action limited rich Legal action limited rich

& powerful; MPs immune & powerful; MPs immune from slander; monarch from slander; monarch above lawabove law

Unjust laws – e.g. poll taxUnjust laws – e.g. poll tax Judges interpretations of Judges interpretations of

law can differlaw can differ 1994 Criminal Justice Act 1994 Criminal Justice Act

(limited right to remain (limited right to remain silent); prejudicial media silent); prejudicial media coverage coverage

Judges can be members of Judges can be members of executive & legislatureexecutive & legislature

1990, poll tax riots – can’t pay, won’t pay!

Other threats to the rule of Other threats to the rule of lawlaw

Official Secrets Act Official Secrets Act Possible end to trial by Possible end to trial by

jury jury Activities of MI5, MI6 Activities of MI5, MI6

(especially after 9/11) (especially after 9/11) Removal of traditional Removal of traditional

rights (e.g. TU rights (e.g. TU membership at GCHQ, membership at GCHQ, though reinstated since though reinstated since 1997) 1997)

Gagging clause signed by Gagging clause signed by members of Civil Service ( members of Civil Service ( Clive Ponting and Clive Ponting and Belgrano issue after Belgrano issue after Falklands War, 1982)Falklands War, 1982)

Clive Ponting, who had worked at the Ministry of Defence, walked free from court after a jury cleared him of breaking the Official Secrets Act.

Is the British government Is the British government an elective dictatorship?an elective dictatorship?

Origin of phrase – Lord Hailsham Origin of phrase – Lord Hailsham (1976)(1976)

Govt. formed from largest single Govt. formed from largest single party in HoCparty in HoC

Govt. bills nearly always passedGovt. bills nearly always passed Fewer opportunities to hold Fewer opportunities to hold

executive to accountexecutive to account

Lord Hailsham, former Lord Chancellor under Thatcher

What protects the rule of What protects the rule of law?law?

Need for stabilityNeed for stability Respect for traditionRespect for tradition Organisations, e.g. Council of Organisations, e.g. Council of

Tribunals, Parliamentary Tribunals, Parliamentary Commissioner for Standards (estd. Commissioner for Standards (estd. 1995)1995)

Consent for need for secret serviceConsent for need for secret service

Sir Philip Mawer, Parliamentary Commissioner

Your taskYour task

You have been appointed as the new You have been appointed as the new minister for Constitutional Affairs. minister for Constitutional Affairs. You must come up with 3 new You must come up with 3 new measures that would increase measures that would increase respect for the rule of law by respect for the rule of law by members of the public. Your members of the public. Your measures will be put before the class measures will be put before the class and a vote will be taken on the best and a vote will be taken on the best one.one.