Rule of law under the British Constitution
1) Introduction
● The rule of law is the result of the struggle of British people for recognition of their fundamental rights. In the U.K law is supreme and every act of Government must be authorized by law either passed by the Parliament or passed by the common law which has been recognized for hundreds years ago. One of the prime objects of making laws is to maintain law and order in society and develop a peaceful environment for the progress of the people. The concept of Rule of Law plays an important role in this process.
2) Meaning of rule of law
● The meaning of rule of law is defined as under:
Rule of law indicates that none of the people is above or below the law. All the persons are equal in the eyes of the law. If any person violates the law .He should face the trial of the case in the court.
3) Dicey's Explanation of the rule of law
● The English jurist Dicey's has given an explanation of the concept of the rule of law in his book” Law of the constitution” published in 1885. The gave following meaning to this concept
I. No arbitrary punishments
● No man is punishable by law until he breaches the law of the state. All of those person who has been accused of an offense should be presented before the court for the trial in legal manner and no one can be deprived of his life ,liberty and property
II. Equality before law
● Secondly, rule of law indicates that in the U.K every citizen, rich or poor, high or low is subject to the same law and the same courts of law. U.K law does not make any difference between the acts of the government and citizens. If any public officer does any wrong with an individual, legal actions would be taken against him according to the existing law of the state
III. Judicial decisions
● Finally, rule of law means that the general objects of the constitutions are the result of judicial decisions which are determining the rights of private persons in particular case before the courts
4) Parliamentary sovereignty and rule of law
● Rule of law provides support to Parliamentary sovereignty. Before the Parliamentary sovereignty courts were unable to make their discretion on laws of the state. Parliament can break the rule of law for the provision of justice to the people and the court cannot stop the parliament from breaking the rule of law. The act of breaking laws is the supreme exercise of the parliamentary sovereignty for legalize the criminalities
5) Importance of rule of law
● The government and its officials as well as individuals and private bodies are accountable under the rule of law. Rule of law is the basic principle of the British Constitution. It secures the liberty of the citizens of Britain. Law is the supreme over all person and all persons needs to follow it for their convenience
6) Instances of rule of law
Following are important instances (Namoonay) of the rule of law
I. The right of personal freedom
● According to the rule of law. People have personal freedom in England. No one can be arrested without lawful reasons
II. The right of freedom of decision
● According to the rule of law. People of England have the right to freedom of decision or freedom of speech. Media is independent even everyone can criticize to the government policies
III. The right to public meeting
● Rule of law provides a lot of freedoms, one of them is freedom of meeting. In England people have right of gathering or public meeting or form a political parties
IV. Ministerial responsibility
● Ministerial responsibility is an important instance of the theory of rule of law. If one minister do wrong other will be held responsible for his wrong action
7) Exceptions
Following are the exceptions to Rule of law
I. Crown is not responsible for the wrong of his officers
● The Crown is not responsible for the wrong done by his officers. A government official personally will be responsible for his mistake made in his official capacity
II. Servants of crown are incapable if dismissed
● If crown dismisses his servants even without a reason, servants are totally incapable to take action against the crown
III. Public officers are not responsible for the wrong of their subordinates
● As crown is not responsible for the wrong done by his officers as the public officers are also not responsible for the wrong done by their subordinates because there are certain privileges have given to public officers
IV. Judges of the courts are not responsible
● The judges of the courts will not be hold responsible for anything done by them in the official course of their business
V. Foreign rulers cannot be trialed
● There is exceptions that rulers cannot be trial by any court in England for any wrong committed by them
VI. Diplomatic representatives cannot be trialed
● Diplomatic representatives cannot be trailed by any court in England for any wrong committed by them
VII. Crown’s power to refuse or grant passport
● The Crown has power to refuse or grant passports to travel in any country. The order of the crown cannot be challenged in any court of England
VIII. Cancellation of citizenship
● If the citizen of someone is canceled on legal grounds, it cannot be challenged in any court
IX. Power of home minister to naturalize alien
● The action of the home minister regarding naturalization of aliens cannot be challenged in any court of law
X. Time of proceedings against public servant
● It is necessary that legal action should be taken against any public servant who may exercise his powers illegally and violate the rule of law. The right of action lapse after six months
XI. Justice of peace
● Justice of peace are not liable for any act if the act is not wrongful
XII. Trade unions are not liable
● Trade unions enjoys of lot of protection in England and are not liable for their actions
8) Effect of rule of law
● The court interprets legislations keeping in view the theories of rule of law
● The rule of law gives every citizen a safe place to stand and give protections from official and private individuals. It helps people to feel themselves secure and save
9) Conclusion
● The rule of law played a pivotal role in the administration of justice but currently it has been quiet modified. There are a several limitations upon rule of law which indicate that the rule of law is not fully followed in England today