The Rule of Law Essay examples -- fair legal system

The rule of fairness is a difficult concept to perceive and proves elusive to substantive definition. However, the following work considers the attempts of various social and sanctioned 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 legality differ quite an widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are vernacular themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thought on the rule of law in order to address the heading posed in the title, which is at first sight a deceivingly simple one. The rule of lawModern legislation places the rule of law firmly at the heart of the English legal system. The Constitutional better Act 2005, for example, states in section 1 that the Act does not adversely affect the existing constitutional princ iple of the rule of law. Moreover, the fella required to be taken by the superior Chancellor, as condition in section 17(1) of the 2005 Act, pledges that the rule of law will be well-thought-of alongside defence of the independence of the judiciary.Unhelpfully perhaps, at least in the context of the question posed in the title to this work, the 2005 Act does not provide a definition of the concept of the rule of law. As Lord Bingham observed in a 2006 lecture, the draughtsmen of the 2005 Act seemingly acknowledged the barrier of establishing an accurate, comprehensive and succinct definition appropriate for incorporation in the statute, and so left the job of definition to the judiciary in their subsequent description and application of the Act (Bingham, 2006, Sixth Sir Dav... ...yranny begins. (Locke, 1690). This Lockean stance emphasises the importance of the rule of law as a golden precept and inviolable principle that controls the manner in which a States power is exercis ed over its citizens or subjects. BIBLIOGRAPHYConstitutional Reform Act 2005Dicey A.V., An Introduction to the Study of the justice of the Constitution, (1885)Locke, J., The Second Treatise of Civil Government, (1690)Hayek F.A., The Road to Serfdom, (1994) University of Chicago PressLord Bingham of Cornhill, The convention of Law, November 2006, Sixth Sir David Williams Lecture, Centre for Public Law, University of CambridgeRaz J., The Rule of Law and its law, (1977) 93 LQR 195Slapper G. & Kelly D., The English Legal System (2009) Routledge CavendishThompson E.P. (Thompson D. (ed)), The Essential EP Thompson, (2001) The in the altogether Press