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Question: Evaluate the extent to which the UK judiciary has demonstrated its willingness to uphold the rule of law against the executive and legislature.
Why is the independence of the judiciary an essential feature of the rule of law?
Answer: The rule of law is one of the essential principles of the UK’s uncodified constitution. The main idea of the rule of law is that the law should apply equally to all. This theory has been going for centuries and has been dated back to Aristotle who refers to the rule of law ‘It is better for the law to rule than one of the citizens… so even the guardians of the laws are obeying the laws” . Furthermore another definition for the rule of law came from a rather well known British jurist and constitutional theorist who published a book ‘the law of constitution’ and within this Dicey coined this expression. In addition to this Dicey’s definition of the rule of law gave three meanings; a) the absolute supremacy of regular law over arbitrary power meaning no one can be punished unles......(short extract)
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Details: - Mark: 72% | Course: Constitutional and Administrative Law | Year: 1st | Words: 2116 | References: Yes | Date written: November, 2012 | Date submitted: October 21, 2015 | Coursework ID: 988
