Why are you afraid to break law

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 Diceys definition of the rule of law?
• How does Grants 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 cant pay, wont 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.