1. Sources and Nature of the Constitution :2 The Rule of Law Historical Context. Prohibitions del Roy (1607) Case of Proclamations (1611) (note Coke CJ’s fate) Crystallisation by Dicey

2. Sources and Nature of the Constitution :2 Dicey based his concept of the rule of law on THREE ideals. (1) Government According to the Law Entick v. Carrington (1765) C.f. : R v. IRC ex p Rossminster [1980] AC 952 R v. Horseferry Rd Magistrates ex p Bennett [1994] AC 42

3. Sources and Nature of the Constitution :2 (2) Equality Before the Law Parliamentary Privilege? Diplomatic Immunity? Crown Immunity?

4. Sources and Nature of the Constitution :2 (3) The Judiciary Are the Best Guardians of the Subjects’ Rights. Is this realistic? Does the relevant case-law support this?? Note cases about foreign detainees.

5. Sources and Nature of the Constitution :2 Dicey’s theory was updated and modified by Raz. (See (1977 93 Law Quarterly Review 195) Three important points arise from this contribution to the debate. (1) Laws should be Clear Merkur Island Shipping Corp. v. Laughton and ors [1983] 2 AC 570

6. Sources and Nature of the Constitution :2 (2) Laws Should be Prospective War Crimes Act 1991 Reforms to ‘Double Jeopardy.’ Article 7 European Convention on Human Rights and Fundamental Freedoms.

7. Sources and Nature of the Constitution :2 (3) Judicial Independence is Vital In re M [1993] 2 WLR 433 Matrix Churchill Starrs v. Procurator Fiscal (2000) HRLR 191

8. Sources and Nature of the Constitution :2 The Separation of Powers The UK has a Tripartite System Executive Legislature Judiciary

9. Sources and Nature of the Constitution :2 The doctrine itself Montesquieu The Lord Chancellor (McGonnell v. United Kingdom (2000)) Overlap of Personnel between Executive and Legislature.

10. Sources and Nature of the Constitution :2 Topic Summary and Conclusions.