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Why are you afraid to break law?

Why are you afraid to break law?. What is the rule of law?.  Your task. Read Roberts, p.212-213 and answer the following questions. What is Dicey’s definition of the ‘rule of law’? How does Grant’s definition differ? What are the limits to the rule of law?

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Why are you afraid to break law?

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

  2.  Your task • Read Roberts, p.212-213 and answer the following questions. • What is Dicey’s definition of the ‘rule of law’? • How does Grant’s definition differ? • What are the limits to the rule of law? • What did Lord Hailsham mean by the phrase ‘elective dictatorship’? • What protects the rule of law?

  3. 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

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

  5. 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!

  6. Other threats to the rule of law • Official Secrets Act • Possible end to trial by jury • Activities of MI5, MI6 (especially after 9/11) • 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) 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.

  7. Is the British government an elective dictatorship? • Origin of phrase – Lord Hailsham (1976) • Govt. formed from largest single party in HoC • Govt. bills nearly always passed • Fewer opportunities to hold executive to account Lord Hailsham, former Lord Chancellor under Thatcher

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

  9.  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.

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