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Rule of Law (Views (Oriental (China - "bad policy"), Western…
Rule of Law
Views
Philosophical
Oriental
China - "bad policy"
Barnet - Twofold:
Political
Western
Hutchinson - government of laws not men
Hobbes - rules deals with the surrender of rights to procure security (social construct)
Application / Cases
Malone v UK
Malone v MPC
Entick v. Carrington
M v Home Office
Responsible Government
Delegated legislation
Judicial Review
Ministerial Responsibility
Dicey
All equal before the law
Criticism - Jennings
Rights best protected under the common law
Criticism - Jennings
Legislation
HRA 1998
Race Relations
No punishment without breach
Criticism
Retrospective
Burmah Oil
R v R
Discretion of Executive
Acquiring land during war time - Jennings