Topic > The rule of law - 1531

The rule of law is a difficult concept to understand and proves elusive to substantive definition. However, the following work considers attempts by various social and legal theorists to define the concept, and relevant authorities are considered. Attitudes and emphasis on the exact shape, form and content of the rule of law differ widely depending on the socio-political perspective and opinions of the respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions of this work attempt to consolidate the reflection on the rule of law to address the question posed in the title, which at first glance is deceptively simple. The rule of law Modern legislation firmly places the "rule of law" at the heart of the English legal system. The Constitutional Reform Act 2005, for example, states in section 1 that the law does not affect “the existing constitutional principle of the rule of law”. Furthermore, the oath required by the Lord Chancellor, as specified in section 17(1) of the 2005 Act, ensures respect for the rule of law and upholding the independence of the judiciary. Perhaps unnecessarily, at least in In the context of the question posed in the title of this work, the 2005 law does not provide a definition of the concept of the rule of law. As Lord Bingham observed in a 2006 lecture, the drafters of the 2005 Act apparently recognized the difficulty of establishing an accurate, complete and concise definition suitable for incorporation into the statute, and so left the task of the definition to the judiciary in their subsequent interpretation and interpretation. enforcement of the law (Bingham, 2006, Sixth Sir Dav...... middle of the document ...... begins the yranny." (Locke, 1690). This Lockean position emphasizes the importance of the rule of law as golden precept and inviolable principle which controls the manner in which the power of a State is exercised over its citizens or subjects BIBLIOGRAPHY Constitutional Reform Act 2005 Dicey AV, An Introduction to the Study of the Law of the Constitution, (1885) Locke, J., The Second Treatise on Civil Government, (1690) Hayek FA, The Road to Serfdom, (1994) University of Chicago PressLord Bingham of Cornhill, 'The Rule of Law', November 2006, Sixth Sir David Williams Lecture, Center for Public Law, University of Cambridge Raz J., 'The Rule of Law and its virtue', (1977 ) 93 LQR 195Slapper G. & Kelly D., The English legal system (2009) Routledge CavendishThompson EP (Thompson D. (ed.)), The Essential EP Thompson, (2001) The New Press