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Rule of Law - Coggle Diagram
Rule of Law
Bingham's def - The core of the existing principle is that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts.'
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Separation of powers is intrinsic to the rule of law, because it means that those in government are prevented from exercising power arbitrarily.
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Legality Principle
The presumption, when interpreting statutes, is that Parliament cannot be seen to have intended to restrict important rights and freedoms unless this is made clear.
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Under Lord Hoffmann’s ‘legality principle’ the courts will strive, where possible, to safeguard fundamental freedoms and rights
The independence of the judiciary is essential in this respect - determine whether government power is lawfully exercised, i.e. has been exercised within the powers given to it and is not used in an arbitrary way.
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Legal certainty - law in whatever form should be clearly set out and expressed - knowing what they can and cannot do
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