How to use: 1. 2. 3. 4.

An animal stands on its feet, they support its weight: feet space should be used to write the foundations of the topic i.e. where it is rooted. The head is for thinking!: head space should be used to write about what academics and judges opinions on the topic are (essential for a first!). The body is the biggest and most essential part of the animal: body space should be used to write the main principles and cases of the topic. Lastly, the tail is for balancing (youll have to be imaginative with some animals which have no tail!): the tail should point to any counter arguments or criticisms of the area of law.

Raz The Rule of Law & its virtue 1977 the validity of [the] principles depends upon the particular circumstances of different societies, whereas the rule of law generally "is not to be confused with democracy, justice, equality (before the law or otherwise), human rights of any kind or respect for persons or for the dignity of man. Points of Contention: (1) Whether it has substantive content (whether HR are part of it). (2) whether it should be confined to evaluating the formal qualities of laws (ensuring that they are made publicly etc).

Courts cannot enforce the RoL against the law-making powers of Parliament because this would cause tension with Parliamentary Supremacy. Formal-substantive dichotomy: Lord Binghams eight subrules: o Raz The rule of law and its virtue 1977 = formal it is merely designed to minimise the 1. Law must be accessible & so far as it is possible intelligible, clear harm to freedom and dignity which the law may cause in its pursuit of its goals however &predictable. laudable these may be & positive aspects of any given political system. 2. questions of legal right and liability should ordinarily be resolved by o Dworkin Political judges and the RoL 1985 = substantive insists on the importance of application of the law & not the exercise of discretion. that opportunity; *citizens be able to demand adjudication and enforcement of these 3. the laws of the land should apply equally to all, save to the extent that rights as individuals. objective differences justify differentiation. o Craig Constitutional foundations, the RoL & supremacy 2003 the formal conception 4. the law must afford adequate protection of fundamental HRs. addresses the manner in which the law was promulgated, its clarity and temporal 5. means must be provided for resolving, without prohibitive cost or inordinate dimension. It does not however pass judgement upon the content of the law, whether the delay, bona fide civil disputes which the parties themselves are unable to law was good or bad, provided that the formal precepts of the RoL are met...a substantive resolve. conception of the RoL accept[s] that it has the formal attributes...but take[s] the doctrine 6. ministers & public officers at all levels must exercise the powers conferred further. Certain substantive rights are derived from the RoL. The concept provides the on them reasonably, in good faith, for the purpose for which the powers were foundation for these rights which are used to distinguish between good laws which conferred and without exceeding the limits of such powers (core of the RoL comply with such rights, and bad laws that do not. Craig The Rule of Law 2007 courts or principle). judges who subscribe to the conception of the Practical application of the RoL according to Jowell 7. adjudicative procedures provided by the state should be fair. rule of law discussed in this section have in any The RoLs long arm: Uncommunicated decisions 2004 8. compliance by the state with its obligations in international law, the law event powerful interpretive tools at their the content of the RoL is defined in the course of its which whether deriving from treaty or international custom and practice disposal through which to read legislation so practical application. governs the conduct of nations. that it does not violate fundamental rights or Rule of Law recognised in EU law: in ECHR preamble &Treaty on European other facets of the rule of law. Union preamble. Dicey Introduction to the study of the Law of the Constitution 1885 - no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land...no man is above the law...every man, whatever his rank or condition, is subject to the ordinary law of the realm...the constitution is pervaded by the RoL on the ground that the general principles of the constitution...are...the result of judicial decisions determining the rights of private persons. but this needs to be set into a proper historical context so would not suffice for todays constitution. Constitutional Reform Act 2005, s.1 this Act does not affect (a) the existing constitutional principle of the RoL, or (b) the Lord Chancellors existing constitutional role in relation to that principle. Constitutional Reform Act 2005 s.17 an oath to be taken by the Lord Chancellor to respect the RoL and defend the independence of the judiciary.

(3)

whether the RoL should only apply to government (public authorities, ministers & local authorities) or should it apply to Parliament too? Lord Bingham The Rule of Law 2007: CRA 2005 does not define the existing constitutional principle of the rule of law, or the Lord Chancellors existing constitutional role in relation to it. The core of the existing principle is, I suggest, that all persons & authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts.