Constitutional Law. Constitutional Principles: The rule of law. Rule of Law. Meaning of the doctrine: In reality it is neither a rule or law It is a doctrine of political morality that aims at ensuring the correct balance of rights and powers between individuals and the state
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The rule of law
By a majority of the House held that the uncommunicated decision had no legal effect. The House stated that the decision may have a more general bearing on the development of our public law.
The House observed:
This is not a technical rule. It is simply an application of the right of access to justice. That is a fundamental and constitutional principle of our legal system.”
Kafka: a state where the rights of individuals are overridden by hole in the corner decisions or knocks on doors in the early hours. That is not our system. I accept, of course, that there must be exceptions
to this approach, notably in the criminal field, e.g. arrests and search warrants, where notification is not possible. But it is difficult to visualise a rational argument which could even arguably justify putting the present case in the exceptional category.”
Clearly this is a wide application of the rule of law, beyond earlier categories. The constitutional impact of the decision is clear.