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Rule of Law (Substantive Conception (Lon Fuller :red_flag: (Generality:…
Rule of Law
Substantive Conception
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Law, by its very nature, should respect and fulfill your human rights
Lon Fuller :red_flag:
Generality: All laws will be universal and general, they apply to everyone.
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Constancy through time, laws must not change every day.
Congruence between official actions and declared rule: proportionate to the seriousness or nature of the rule.
Substantive Implications
Legal effect by influencing the interpretation of legislation: courts will construe legislation in line with the rule of law.
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Legality
If something is to be regarded as law, it must be enacted in whatever way the relevant legal system prescribes.
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Morally neutral
Whatever the content of the law, as long as it is approved by the necessary institutions and passed in a prescribed way - it will adhere to the rule of law.
A V Dicey
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Criticisms
Jennings:
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Equality before the law
Not everyone is equal before the law (i.e. the Queen is immune from prosecution, special powers of the Police, tax collectors). Children not treated the same as adults in criminal law, foreign diplomats enjoy diplomatic immunity, judges cannot be sued in the way the dealt with a case, and MP's cannot be sued for defamation in respect to things said whilst within the precincts of Westminster.
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