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Question: Is the rule of law the ultimate controlling factor of the British constitution?
Answer: Introduction
There are three underlying principles that create the British constitution. They are Rule of Law, Parliamentary Sovereignty and Separation of Powers.
Rule of law is an expression used by Politian’s to use as tool for freedom or democracy. Judges use the rule of law as shield or as an aid in the judgments. But what exactly is the rule of law? I will be discussing the rule of law’s many conceptions and the other underlying principles of the British constitution and analysing whether the rule of law is the ultimate controlling factor of the British constitution.
The common definition known of the rule of law is that ‘no man is above the law’ and that ‘…all people and institutions are to and accountable to law that is fairly applied and enforced.’ I will now go on to discuss the conceptions of the rule of law from Dicey and Bingham’s perspectives.
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- Subject: Law
- Course: Constitutional and Administrative Law
- Level: Degree
- Year: 2nd/3rd
- Mark: Not available
- Words: 2213
- Date submitted: February 03, 2015
- Date written: February, 2014
- References: Yes
- Document type: Essay*
- Essay ID: 6324
