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Question: Is the rule of law, as enforced by courts, the ultimate controlling factor on which our constitution is based?
Week 4 – Rule of Law
Answer: There was little disagreement when Craig claimed that ‘the rule of law is rightly regarded as a central principle of constitutional governance.’ However there is debate about what the ultimate controlling factor on which our constitution is based is. Lord Hope, in Jackson v HM Attorney-General [2005], contended that the rule of law is, in fact, the ultimate controlling factor. On the other hand, Dicey argued that Parliamentary sovereignty is the primary factor. This essay sets out to agree with Dicey, that although the rule of law is undeniably influential, it is Parliamentary supremacy that is the foundation of the British constitution.
The Constitutional Reform Act 2005 recognised the significance of the rule of law in regard to the constitution. Section 1 provides that ‘the Act does not adversely affect… the existing constitutional principle of the rule of law’. The issu...(short extract)
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- Subject: Law
- Course: Constitutional and Administrative Law
- Level: Degree
- Year: 1st
- Mark: Not available
- Words: 1211
- Date submitted: January 07, 2016
- Date written: March, 2015
- References: No
- Document type: Essay*
- Essay ID: 7051
