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  • Essay / The Rule of Law - 1531

    The rule of law is a difficult concept to grasp and proves difficult to define in any substantive way. However, the following works examine the attempts of various social and legal theorists to define the concept and the relevant authorities are considered. Attitudes and emphasis on the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of the respective commentators (Slapper and Kelly, 2009, p16), although There are common themes that are almost universally adopted. The conclusions of this work seek to consolidate thinking on the rule of law in order to address the question posed in the title, which at first glance seems simple. The Rule of LawModern legislation places the 'rule of law' firmly at the forefront. heart of the English legal system. The Constitutional Reform Act of 2005, for example, states in Article 1 that the law does not undermine the “existing constitutional principle of the rule of law”. Furthermore, the oath to be taken by the Lord Chancellor, as specified in section 17(1) of the 2005 Act, ensures that the rule of law will be respected alongside upholding the independence of the judiciary. In the context of the question posed in the title of this work, the 2005 law does not provide a definition of the concept of the rule of law. As Lord Bingham observed at a conference in 2006, the drafters of the 2005 Act apparently recognized the difficulty of establishing a precise, comprehensive and succinct definition suitable for incorporation into the Act, and therefore left the definitional work to the judiciary in their subsequent interpretation and application of the law (Bingham, 2006, Sixth Sir Dav...... middle of paper...... the year begins.' (Locke, 1690). This Lockean position emphasizes the importance of the rule of law as a golden precept and inviolable principle that controls the manner in which the power of a state is exercised over its citizens or subjects.BIBLIOGRAPHYConstitutional Reform Act 2005Dicey AV, An Introduction to the Study of the Law of the Constitution, (1885)Locke, J., The Second Treatise of Civil Government, (1690)Hayek FA, The Road to Serfdom, (1994) University of Chicago PressLord Bingham of Cornhill, 'The Rule of Law', November 2006, Sixth Sir David Williams Lecture, Center for Public Law, University of CambridgeRaz J., “The Rule of Law and its virtue”, (1977) 93 LQR 195Slapper G. & Kelly D., The English Legal System (2009) Routledge Cavendish Thompson EP (Thompson D. (ed)), The Essential EP Thompson, (2001) The New Press