Rule of Law essay (Bingham)
Introduction
Rule of law upholds the UK constitution. Prof. Jowell deems it “a resilient and
effective force behind the evolution of UK constitution.” Mathews states, “Only in a
country where the rule of law means more than formal legal validity, will subjects be
able to enjoy real protection from official tyranny and abuse.” The rule of law
underpins democracy in the UK. The premise is that everyone, including the
government, is subject to the law and accountable for their acts. The rule of law is
essential for social justice and equality. The 2005 Constitutional Reform Act (s.1)
affirms the rule of law. Rule of law is debated as content-free (there shouldn’t be any
rules to the concept) or content-rich (there should be rules to use the concept of rule of
law). Tom Bingham, a former Lord Chief Justice of England and Wales, considers
eight essential principles must be recognized to maintain the rule of law in a
democratic society. This essay will investigate these principles and their impact on
UK law. (170 words)
Theories of Bingham
Bingham believes that the first rule of law is that regulations must be accessible to
obtain and comprehend. Rules must be expressed in plain language and easy to
identify. UK laws are available online, in print, and in legal databases. This ensures
that everyone understand and can readily check up their regulations. Accessible and
clear laws ensure justice for everybody, regardless of their economic status or
background. It ensures individuals know their rights and may litigate. Without clear,
simple rules, the legal system would be difficult to utilize and many individuals would
struggle to achieve justice.
"Questions of legal right and liability should ordinarily be resolved by application of
the law and not the exercise of discretion" is Bingham's second rule, emphasizing the
importance of the rule of law and the need to follow it with a fair and consistent way.
In order to uphold the rule of law, legal judgements must be made using the law and
not personal preferences. In a democracy, laws are transparent and reflect the people's
elected representatives' desires. Because of this, rules should be enforced fairly and
consistently regardless of the regulators' presumptions. Legal rights and obligations
define the rule of law. Legal rights allow people to defend their interests and avoid
harm, whereas legal responsibility forces them to behave legally. These principles
underpin justice. They ensure accountability and legal protection.
"The laws of the land should apply equally to all, except where objective differences
require differences" demonstrates the importance of the rule of law and how laws
should be administered fairly and impartially. Regardless of their ethnicity, gender,
religion, or economic standing, the law should treat everyone equally. This ensures
that no one is above the law and that everyone observes the same rules in a fair and
just legal system. However, actual differences between individuals may warrant
different legal treatment. Rules may vary depending on a person's age, health, or other
objective elements relevant to the situation. This proves the law can't be rigidly
implemented.
Introduction
Rule of law upholds the UK constitution. Prof. Jowell deems it “a resilient and
effective force behind the evolution of UK constitution.” Mathews states, “Only in a
country where the rule of law means more than formal legal validity, will subjects be
able to enjoy real protection from official tyranny and abuse.” The rule of law
underpins democracy in the UK. The premise is that everyone, including the
government, is subject to the law and accountable for their acts. The rule of law is
essential for social justice and equality. The 2005 Constitutional Reform Act (s.1)
affirms the rule of law. Rule of law is debated as content-free (there shouldn’t be any
rules to the concept) or content-rich (there should be rules to use the concept of rule of
law). Tom Bingham, a former Lord Chief Justice of England and Wales, considers
eight essential principles must be recognized to maintain the rule of law in a
democratic society. This essay will investigate these principles and their impact on
UK law. (170 words)
Theories of Bingham
Bingham believes that the first rule of law is that regulations must be accessible to
obtain and comprehend. Rules must be expressed in plain language and easy to
identify. UK laws are available online, in print, and in legal databases. This ensures
that everyone understand and can readily check up their regulations. Accessible and
clear laws ensure justice for everybody, regardless of their economic status or
background. It ensures individuals know their rights and may litigate. Without clear,
simple rules, the legal system would be difficult to utilize and many individuals would
struggle to achieve justice.
"Questions of legal right and liability should ordinarily be resolved by application of
the law and not the exercise of discretion" is Bingham's second rule, emphasizing the
importance of the rule of law and the need to follow it with a fair and consistent way.
In order to uphold the rule of law, legal judgements must be made using the law and
not personal preferences. In a democracy, laws are transparent and reflect the people's
elected representatives' desires. Because of this, rules should be enforced fairly and
consistently regardless of the regulators' presumptions. Legal rights and obligations
define the rule of law. Legal rights allow people to defend their interests and avoid
harm, whereas legal responsibility forces them to behave legally. These principles
underpin justice. They ensure accountability and legal protection.
"The laws of the land should apply equally to all, except where objective differences
require differences" demonstrates the importance of the rule of law and how laws
should be administered fairly and impartially. Regardless of their ethnicity, gender,
religion, or economic standing, the law should treat everyone equally. This ensures
that no one is above the law and that everyone observes the same rules in a fair and
just legal system. However, actual differences between individuals may warrant
different legal treatment. Rules may vary depending on a person's age, health, or other
objective elements relevant to the situation. This proves the law can't be rigidly
implemented.
