How rule of law has influenced British constitution?

Rule of law under British Constitution

Table of Contents

Introduction
Definition
Importance of Rule of Law
Government according to law
Government according to law
Rule of Law in British Constitution
British Constitution
No Punishment Unless Breach of Law
Subject to law
Equality Before Law
Vicarious Liability of Ministers
Summary
FAQs

Introduction

Concept of Rule of law is very old. It is an ancient ideal, and ancient Greek philosophers such as Plato and Aristotle also discussed it. The term ‘Rule of Law’ has been derived from a French phrase and this French phrase means principal of legality. Now, Rule of Law is a legal maxim and this maxim emphasizes on equality before law. According to this maxim, both government and citizens are subject to known and established laws and are not above law.

Definition

According to Aristotle Rule of Law as “Government by law is superior to Government by men”.

Importance of Rule of Law

The Rule of Law expresses a preference for law and order within a community rather than anarchy, warfare and constant strife. The Rule of Law is a philosophical view of society which is linked with basic just thoughts. Furthermore, the standard of law communicates a legitimate doctrine of key significance, specifically, that administration must be directed according to law, and that disputed cases what the law requires is declared by judicial decision. Thirdly, the Rule of Law refers to a body of political opinion about what the detailed Rule of Law should provide in matters both of substance and of procedure.

Proponents of the Rule of Law are however likely to support constitutional protection for human rights by such means as a judicially enforceable Bill or Rights, so that legislation affecting fundamental rights may be subject to review in the courts.

Government according to law

It is a basic rule of constitutional law that the organs of government must themselves work through law. In the event that the police need to keep a national or if taxes are to be required, the authorities concerned must have the capacity to show legal authority for their actions.

The doctrine of government according to law requires that a person directly affected by government action must be able, if necessary to challenge the legality of that action before a court, and not merely to register a complaint with the department concerned.

The Rule of Law does however require that public authorities and officials are subjects are subject to effective sanctions if they depart from the law. Often the sanctions is that their acts are declared invalid by the courts. But another sanction is the duty to compensate citizens whose rights have been infringed.

Rule of Law in British Constitution

In Great Britain, Rule of Law was developed over centuries. Struggle for supremacy between British Parliament and British Monarch paved a way for development of this maxim in Great Britain. Explanation of following points is important for further study of this maxim as far as Great Britain is concerned:

British Constitution

Rule of Law is a significant aspect of British Constitution and is an important part of British politics. British constitution recognizes that both government and people should be subject to law.

Determination of Rights of Individuals

It is an admitted principle in Great Britain that rights of individuals should be determined by legal rules and not by arbitrary powers. Earlier, it was arbitrary powers of Monarch, which determined rights of individual, but now rights are determined by law. For people now possesses right like right to speech, gather and so on.

No Punishment Unless Breach of Law

It is also a settled principle in Great Britain that there can be no punishment unless a court decides that there has been a breach of law. To achieve this goal, judiciary has been made independent.

Subject to law

It is another recognized principle is Great Britain that everyone, regardless of his/her status in society, is subject to the law. In other words, government and citizens are not above law. In this way, government and citizens have been made subject to law and misuse of powers has been checked.

Equality before Law

This principle i.e. equality before law is strictly observed in Great Britain. Due to such strict observance all are considered equal before law.

Vicarious Liability of Ministers

In Great Britain, all ministers are considered responsible for mistake of a minister. Such vicarious liability of ministers guarantees Rule of Law in Great Britain.

Conclusion

The expression “Rule of Law” connotes the undisputed supremacy of law. This supremacy of law is designed to give the security to the rights of the British subjects. Further more the rule of law as expounded by Dicey needs modification; however, it is still a principle of the English Constitution.

Summary

The rule of law is a fundamental principle of modern democracies, and it has had a profound impact on the British constitution. This principle holds that all individuals and institutions, including the government, are subject to the law and that no one is above it. In the context of the British constitution, the rule of law has helped to ensure that the government operates within the boundaries set by law and that individual rights are protected.

The rule of law has influenced the development of key constitutional principles in Britain, such as the separation of powers, the supremacy of Parliament, and the independence of the judiciary. It has also shaped the way in which laws are made and enforced, and has contributed to the establishment of key constitutional protections such as the presumption of innocence and the right to a fair trial.

FAQs

Q: What is the concept of Rule of Law? 

A: The Rule of Law is a legal maxim that emphasizes the principle of equality before the law. It means that both the government and citizens are subject to known and established laws and are not above the law.

Q: What is the definition of Rule of Law according to Aristotle? 

A: According to Aristotle, "Government by law is superior to Government by men".

Q: Why is Rule of Law important? 

A: The Rule of Law expresses a preference for law and order within a community rather than anarchy, warfare and constant strife. It communicates a legitimate doctrine of key significance, which is that administration must be directed according to law, and that disputed cases must be declared by judicial decision. Furthermore, it refers to a body of political opinion about what the detailed Rule of Law should provide in matters both of substance and of procedure.

Q: What does the doctrine of government according to law require? 

A: The doctrine of government according to law requires that the organs of government must work through law. If a person is directly affected by government action, they must be able to challenge the legality of that action before a court, and public authorities and officials must be subject to effective sanctions if they depart from the law.

Q: How is the Rule of Law observed in the British Constitution? 

A: The Rule of Law is a significant aspect of the British Constitution and is an important part of British politics. Both government and people are subject to law. It is an admitted principle in Great Britain that rights of individuals should be determined by legal rules and not by arbitrary powers. It is also a settled principle in Great Britain that there can be no punishment unless a court decides that there has been a breach of law. Everyone, regardless of their status in society, is subject to the law, and the principle of equality before the law is strictly observed.

Q: What is the vicarious liability of ministers in Great Britain?

A: In Great Britain, vicarious liability is a legal doctrine that holds an employer responsible for the wrongful acts of their employees committed in the course of their employment. This doctrine can also apply to ministers, who may be held vicariously liable for the actions of their staff, including civil servants and advisors.
The principle of ministerial responsibility is an important aspect of the doctrine of vicarious liability for ministers. Under this principle, ministers are responsible for the actions of their staff, and can be held accountable for any wrongdoing committed by their subordinates, even if the minister did not personally authorize or participate in the wrongdoing.
For example, if a civil servant working for a minister engages in discriminatory behavior or breaches a legal obligation, the minister may be held vicariously liable for the actions of their employee. This could result in the minister facing legal action or other consequences, such as loss of public confidence or political repercussions.