The Rule of Law in the UK: Perspectives, Challenges, and Future

This essay provides a comprehensive overview of the rule of law in the United Kingdom, examining its integral position within the unwritten constitution and its application to both public and private bodies. It discusses the core tenets of the rule of law, including equality before the law and the availability of legal reprisal through the courts. The essay also addresses philosophical disagreements and differing views among theorists regarding the practical application of the rule of law. Furthermore, it explores the relationship between the rule of law and human rights, considering the potential impact of replacing human rights with a British Bill of Rights. The conclusion emphasizes the significant influence of the unwritten constitution on the UK's judicial system and the Parliament's authority to modify the rule of law for national betterment. Desklib offers a platform to explore similar solved assignments and past papers for students.

RULE OF LAW IN UNITED KINGDOM
NAME OF THE STUDENT
NAME OF THE UNIVERSITY
AUTHOR NOTE

INTRODUCTION
 The rule of law occupies an integral position in the constitutional system of UK
which is unwritten.
 The principle of rule of law has been applied to all conduct covering the
officials of both public and private bodies.
 The rule of law states that no one is above the law, everyone is equal before the
eyes of law, the laws have always been applied and legal reprisal is available
through the courts.

RULE OF LAW IN UNITED KINGDOM
 No one is above the law.
 Every individual is equal before the law.
 It is important that the law must always be applied.
 It is important on the part of the Judge to act independently for the purpose of
the judiciary.
 The Constitution of United Kingdom has been founded as a result of the law of
the land.

OPPOSITION OF THE RULE OF THE LAW
 According to modern scholars, the rule of law has been declared as a political
ideology while others opposed such concept.
 Modern philosophizes argued that United Kingdom is a country where the
concept of rule of law is literally present however, morphologically absent.

PHILOSOPHICAL DISAGREEMENT
 Since time immemorial, the principle of rule of law is distinct from the basic
legal rules. In this regard, various disagreement arises that whether the rule of
law truly applies in the practical world. Modern authors emphasized that the
principle of common law has been traditionally applied by the courts in UK in
the same way it applied the rule of law. According to modern scholars, in recent
times, the application of the rule of law has been reduced by the courts.

VIEWS OF THEORISTS
 According to modern theorists, the rule of law reflects both legal theories and
constitutional reality which is generally uncertain. However, the views of both
legal and constitutional theorists has been different regarding substantive and
formal requirements of the legislation. For the purpose of complying with the
rule of law, such legislation can be drafted.

RULE OF LAW IN MODERN SENSE
 Authors were of the view that the rule of law cannot be applied in reality.
however, the modern concept of the rule of law has been accepted by the courts
of United Kingdom and has been applied accordingly in order to achieve ideal
government.

RULE OF LAW IN RELATION TO HUMAN RIGHTS
 Modern scholars argued that the rule of law and the concept of human rights
are distinct and both has no relation with each other. Some jurists were of the
opinion that the rule of law is devoid without the application of human rights.
The opinion proved to be legitimate as the fundamental rights of the individuals
in Britain are protected through the ECHR with the application of Human
Rights.

DOES THE RULE OF LAW STILL APPLIES TO
BRITAIN?
 In order to uphold the rule of law in UK, it is important to form a democratic
society. In this regard, sufficient protection of fundamental rights must be
granted by the Constitution of UK. The UK government has proceeded with the
plans to replace human rights with the application of British Bill of rights.
According to modern scholars, by abolishing the concept of human rights,
individuals cannot expect fair trial with the rule of law.

CONCLUSION
 Major impact has been laid on the judicial system of the UK by its unwritten
constitution. Supreme power has been granted to the Parliament and therefore
the Parliament is at the authority to abolish the provisions of the Rule of Law
for the betterment of the nation.

REFERENCES
Dragu, Tiberiu, and Oliver Board. "On judicial review in a separation of powers
system." Political Science Research and Methods 3.3 (2015): 473-492.
Fabbrini, Federico. "The euro-crisis and the courts: judicial review and the political process
in comparative perspective." Berkeley J. Int'l L. 32 (2014): 64.
Gardbaum, Stephen. "Separation of powers and the growth of judicial review in established
democracies (or why has the model of legislative supremacy mostly been withdrawn from
sale?)." The American Journal of Comparative Law 62.3 (2014): 613-640.

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