Why are you afraid to break law? What is the rule of law?

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Why are you afraid to break law? What is the rule of law?

 Your task Read Roberts, p and answer the following questions. Read Roberts, p and answer the following questions. What is Dicey’s definition of the ‘rule of law’? What is Dicey’s definition of the ‘rule of law’? What is Dicey’s definition of the ‘rule of law’? What is Dicey’s definition of the ‘rule of law’? How does Grant’s definition differ? How does Grant’s definition differ? 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 are the limits to the rule of law? What are the limits to the rule of law? What did Lord Hailsham mean by the phrase ‘elective dictatorship’? What did Lord Hailsham mean by the phrase ‘elective dictatorship’? What did Lord Hailsham mean by the phrase ‘elective dictatorship’? What did Lord Hailsham mean by the phrase ‘elective dictatorship’? What protects the rule of law? What protects the rule of law? What protects the rule of law? What protects the rule of law?

What is the rule of law?  A V Dicey, ‘An Introduction to the Study of the Law of the Constitution’ (1884)  2 key principles of UK Constitution  No punishment without breach of law  Everyone subject to same law  Rights stem from judgements of independent judiciary (not executive) Lord Falconer, Lord Chancellor

What is the rule of law? Moyra Grant, ‘The Rule of Law – Theory & Practice’ (1994) Moyra Grant, ‘The Rule of Law – Theory & Practice’ (1994) All subject to same laws All subject to same laws Laws should be ‘just’ Laws should be ‘just’ Laws should be unambiguous Laws should be unambiguous Innocent till proven guilty Innocent till proven guilty Independent judiciary Independent judiciary

What is the rule of law? Legal action limited rich & powerful; MPs immune from slander; monarch above law Unjust laws – e.g. poll tax Judges interpretations of law can differ 1994 Criminal Justice Act (limited right to remain silent); prejudicial media coverage Judges can be members of executive & legislature 1990, poll tax riots – can’t pay, won’t pay!

Other threats to the rule of law Official Secrets Act Official Secrets Act Possible end to trial by jury Possible end to trial by jury Activities of MI5, MI6 (especially after 9/11) Activities of MI5, MI6 (especially after 9/11) Removal of traditional rights (e.g. TU membership at GCHQ, though reinstated since 1997) Removal of traditional rights (e.g. TU membership at GCHQ, though reinstated since 1997) Gagging clause signed by members of Civil Service ( Clive Ponting and Belgrano issue after Falklands War, 1982) Gagging clause signed by members of Civil Service ( Clive Ponting and Belgrano issue after 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 an elective dictatorship? Origin of phrase – Lord Hailsham (1976) Origin of phrase – Lord Hailsham (1976) Govt. formed from largest single party in HoC Govt. formed from largest single party in HoC Govt. bills nearly always passed Govt. bills nearly always passed Fewer opportunities to hold executive to account Fewer opportunities to hold executive to account Lord Hailsham, former Lord Chancellor under Thatcher

What protects the rule of law? Need for stability Need for stability Respect for tradition Respect for tradition Organisations, e.g. Council of Tribunals, Parliamentary Commissioner for Standards (estd. 1995) Organisations, e.g. Council of Tribunals, Parliamentary Commissioner for Standards (estd. 1995) Consent for need for secret service Consent for need for secret service Sir Philip Mawer, Parliamentary Commissioner

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