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

Rights best protected under the common law

No punishment without breach

Criticism

Retrospective

Burmah Oil

R v R

Discretion of Executive

Acquiring land during war time - Jennings

Criticism - Jennings

Legislation

HRA 1998

Race Relations