Friday, November 1, 2019

Principle and Effectiveness of the concept Rule of Law in the UK Essay

Principle and Effectiveness of the concept Rule of Law in the UK - Essay Example The principle behind the rule of law is that there ought to be sureness in law, such that every person can regulate his or her own dealings accordingly. Even though in UK, it is often argued that it seeks to prevent any arbitrary law making by governing officials or inferior courts, critics argues that it is a complex mixture of principles and sub-principles, with the major contention being on what extent the law allows discretionary powers to be applied. Nevertheless, individual liberties extremely depend on the rule of law, such that its effectiveness hinges on the undertaking of trials through jury or the lack of prejudice from judges. Critics also observe that the success of the rule of law principles hinges more so on its prerogative orders, such that it offers the executive the opportunity to rewrite the principles, in order to attain supposed exigencies of a given political situation as recently. Thus, the aim of this paper is to discuss the principle and effectiveness of the concept Rule of Law in the UK. ... out limiting any exercise of discretionary authority whereby laws are founded on standards with significance given to procedures such that it only allows the implementation of Parliament legislative powers while limiting implementation of legislative authority by the executive. Therefore, legislations are prospective instead of retrospective with an underlying moral foundation for every law. Focus is on having rules and procedures, which can make certain that laws are applied in safeguarding rights instead of being avenues of legitimising exercise of powers. Thirdly, the UK notion of justice is based on interpersonal adjudication and judicial precedent, as the rule of law is not about individuals having to account to arbitrary pronouncements made by governmental officials, but it is about individuals guiding public officials actions by referring to what is barred by plainly defined laws. Hence, decisions made by those in authority or any other public official are exercised based on t he powers that have been reasonably conferred to them, and in good faith. In particular, it calls for the government to offer adjudicative procedures, which are fair, and that avenue that have no prohibitive expenses or filled with inordinate delays are offered in resolving disputes5. Effectiveness The effectiveness of the rule of law has been achieved in UK is because freedom is about accounting only to well-defined and earlier developed laws instead of answering to arbitrary or discretionary proclamation of those in administrative powers. Notably, the separation of powers principle is the one that safeguards the principles, since it calls for admission to courts and those in authority to observe intentions judicial review. As such, disputes are settled based on the law and not the

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