University Law Report: Rule of Law and Human Rights - LAW

This report delves into the concept of the Rule of Law in the United Kingdom, examining its foundational principles, historical development, and core values. It explores the features of the Rule of Law, such as the principle that no one is above the law and equality before the law, and discusses historical figures like Aristotle, John Locke, and A.V. Dicey, who shaped its understanding. The report further analyzes the protection of human rights through the Human Rights Act, outlining its main features, impact, and limitations, including judicial review of primary legislation and the extent of human rights. The report also includes a case study of R (on the application of Evans) v. Attorney General [2014] EWCA Civ 254, illustrating the application of the rule of law in practice, along with arguments for and against the rule of law.

Running head: LAW
Rule of Law and Human Rights

LAW 2
Table of Contents
Part A...........................................................................................................................................................2
Rule of Law..............................................................................................................................................2
Introduction.................................................................................................................................................2
Features of Rule of Law:..............................................................................................................................2
History of Rule of Law..................................................................................................................................4
Values underlying the Rule of Law..............................................................................................................6
Part B...........................................................................................................................................................8
Introduction.................................................................................................................................................8
Protection of Human Rights through Human Rights Act.............................................................................8
Main Features of the HRA...........................................................................................................................8
Impact of the Human Rights Act................................................................................................................10
Judicial Review of Primary Legislation.......................................................................................................11
The extent of Human Rights......................................................................................................................11
Conclusion.................................................................................................................................................12
Bibliography...............................................................................................................................................13
Primary Sources.....................................................................................................................................13
Secondary Sources.................................................................................................................................13

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Part A
Rule of Law
Introduction
‘The rule of law’ is the supreme law in the United Kingdom and considered to supersede other
laws in the jurisdiction system. It is found that every Individual is expected to obey the
fundamental doctrine. Unlike USA, China and other countries, the United Kingdom doesn't have
a written constitution. The United Kingdom runs as per the Rule of law, Parliamentary
Sovereignty, and court rulings. In other words, Government officials and citizens are bound by
the law.
The key idea of the rule of law is to ensure that the law should apply equally to all. The
people of England and Wales, Scotland and Northern Ireland are covered by it. But any law can't
bind the peoples in such a manner for example, requirements which needed to be complied with
and if the laws are not generally and impossible to comply with then there is no mechanism to
enforce the law when its breached. To sum up, the Rule of law is anything but over and above
all.
Features of Rule of Law:
1. No one is above the law
As the name suggests, it is found that everyone is bound to follow the law, and its apply to all
the government officials, citizens of the country, ministers as well as other members of the
society in equal basis. The motive of this fundamental law is considering that being public
officials, they will be bound by their designation and shall use their powers within their limits.
The law is well supported by administrative law and practice of judicial review.
However, there are some concerns which have been expressed with respect to the applicability of
the rule of law in this case:

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 It is found that powers of the authority appointed and democracy authority is lied in
Royal prerogative, which is not subject to judicial oversight;
 As parliament is sovereign, it can make, unmake and amend any law it wishes;1.
2. Equality before law
The main aim of the law is to treat all its citizens equal, no matter what. All citizens shall
have the same legal rights irrespective of their race, color, creed, wealth, sex, etc.
However, there are some concerns which have been expressed with respect to the applicability of
the rule of law in this case:
 The fees charged by the big lawyers are huge and the middle-class public can’t afford
such at any cost and only rich class can afford such. Therefore beating the purpose of
equality;
 Sometimes it may also happen Judges may also be biased against certain communities or
a certain section of public2.
3. Infringement of Rights
The purpose of the law is to protect the people's right from infringement. Citizens should
be able to protect themselves through the use of the law. Law should be able to defend
fundamental human rights at all cost.
However, there are some concerns which have been expressed with respect to the applicability of
the rule of law in this case:
 In the United Kingdom there is no such bill which can protect fundamental human rights;
 Also, The Human Rights Act can be set aside as per the wishes and needs of the
Parliament;
1 'The Rule Of Law | Lexisnexis' (Lexisnexis.co.uk, 2019) <http://www.lexisnexis.co.uk/en-uk/about-us/rule-of-
law.page> accessed 23 April 2019
2 Ben, Hannah Christman, Russell, 'Readjusting The Political Thermostat: Fuel Poverty And Human Rights In The
UK' (2016) 2 Journal of Human Rights in the Commonwealth.

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 It is analyzed that European court of human right is considered to be expensive and time
consuming3.
History of Rule of Law
Post discussing meaning and features of the law in the above given report, now there will
be discussion made on the history of Rule of Law. From where does Rule of Law originate and
how it came into existences, who were the people who defined Rule of Law.
1. Aristotle
Aristotle work is considered best and amongst the most influential with respect to the
rule of law. He approached some questions in the rule of law realistically and
formulated the questions like whether it was better to be ruled by the best man or by the
best laws. He cited laws are laid down in general terms and he maintained that laws have
some advantage as a mode of governance. He also considered that laws are made after
due consideration and long research which strengthen the applicability and justification
to comply with the applicable laws.
2. John Locke
John Locke works on rule of law is considered one of the finest in the field of rule of
law. He focused on the importance of governance through "established standing Laws,
promulgated and known to the People" in Two Treaties of Government (1689). He
differentiates this rule by "extemporary Arbitrary Decrees". Arbitrary at a time can be
considered as oppressive. But when John distinguished rule of law, it was not oppressive
sense which came out rather extemporary sense4.
3. Montesquieu
3 'The Rule Of Law In The UK - Inbrief.Co.Uk' (InBrief.co.uk, 2019) <https://www.inbrief.co.uk/legal-system/the-
rule-of-law/> accessed 23 April 2019.
4 A.D. Murray and Bernard Keenan, 'LSE Law Department Briefings On The Investigatory Powers Bill: Ensuring
The Rule Of Law' [2015] SSRN Electronic Journal.

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Montesquieu’s work in the field of law is considered one of the finest and best known
with respect to separation of powers. He differentiated amongst the executive and
judicial authority. The judiciary is expected to be the mouthpiece of the laws.
Montesquieu also developed the theory of legalism. He also argued the procedural and
legal complex issues related to dignity and he associated this with the monarchial ruling
by law.
4. Dicey
He wrote about the rule of law in the late Nineteenth Century. By then he saw a downfall
in the rule of law in England. Earlier, Rule of law used to be of great proud and it also
distinguished governance in England. For him, Rule of law was legal equality. His
writings suggested that sometimes officials are given superior treatment as compared to
ordinary citizen; they are given extra powers, whereas ordinary citizens are kept in extra
restrictions5.
5. Hayek
Hayek was an economist and but he drew his interest in the legal systems in the United
Kingdom. He drew relation between legal structures and national economy. There are so
many work of him is available in the market with respect to rule of law in the United
Kingdom. These ranges from a) The Road to Serfdom in 1944; b) The Constitution of
Liberty in 1960; and c) Law, Legislation and Liberty in 1973.
In his book "The Road to Serfdom" (1944), he wrote about the retention of mode of
administration in peacetime. This was also written during the wartime. He made an
argument that generally a society should not be managed rather governed and the people
should be left to operate themselves. By 1970, his implication was related to Rule of Law
of Liberty. He largely favored common law model of predictability was related to the
principle aspirated solutions emerging from the undertaken jurisdiction.
6. Fuller
5 Antje Wiener, 'The Rule Of Law In Inter-National Relations: Contestation Despite Diffusion Diffusion through
Contestation' [2018] SSRN Electronic Journal.

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Lon Fuller aims to reduce the gap between positive law and morality and justice. He
concluded that law could be hideously unjust and could be impeccably drafted.
Values underlying the Rule of Law
The most of the principles of rule of law is formal in nature. But the value is having edge
over the power that is necessary exercised. There should be proper equilibrium between the
power and rule of law which is applicable on the case. The principles of rule of law are basically
exercised by the three aspects namely Formal Aspect, Procedural Aspect and Substantive Aspect.
Rule of laws also establishes an environment that is very much conducive to liberty. As
suggested by Hayek in his theory of law that generality and impersonality are valued because
they free us from dependence upon others. He also maintained that clarity and prospectively are
important contribution to predictability that is indispensable for individual freedom.
Bingham observed following “no one would choose to do business where large sums of money
are involved, in a country where parties’ rights and obligations were undecided”. Rule of law
clearly violates in a case where norms applied for officials, are not similar to what are applied to
the normal citizens. If this happens on a continuous basis then not only people will get disappoint
and they will not be able to form any sort of expectations on which they rely6.
Opposition to the rule of Law
After reading several cases and implicated rule of law, there are many criticism faced by
the rule of law which need to be considered before forming any opinion. Rule of law is not
completed if it doesn’t mention about the ways in which the ideal is deprecated. Though many
people have criticize the rule of law, but criticism drawn by Pluto is more enduring. Rule of law
can have devastating effect of closing down the faculty of independent moral thoughts in the
officials. Other concerns may include concern about the tendency and legalism associated to
over-formalize or over-bureaucratize relationships are considered to be healthily conceived in the
terms which are more informal.
6 Elaine Mak and Sanne Taekema, 'The European Union’S Rule Of Law Agenda: Identifying Its Core And
Contextualizing Its Application' (2016) 8 Hague Journal on the Rule of Law.

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However, after analyzing the following case and rules implicated on R (on the application of
Evans) v. Attorney General [2014] EWCA Civ 254. It is found that the issue involved the
Freedom of Information Act, 2000 (FOIA) which enables members of public to see documents
held by public bodies, to see documents containing “environmental information”. In this case,
Mr. Evans requested disclosure of communications passing between various government
departments and HRH Prince of Wales. He made request under Freedom of Information Act,
2000 and Environmental Information Regulations, 2014. Initially department refused to provide.
Mr. Evans went to Information Commissioner who upheld the department refusal. Thereafter, he
appealed to Information Tribunal decided in his favor and asked department to disclose. Citing
reasonable ground department refused to disclose the letters and issued certificate under the
aforesaid laws. Evans went ahead to quash the validity of certificate on the grounds (1) proper
reason given by the Attorney General were not capable of constituting “reasonable grounds”
and/or (2) in so far as the advocacy correspondence was concerned with environmental issues,
the Certificate was incompatible. But divisional court dismissed his claim, but court of appeal
allowed his appeal. Then matter went to Supreme Court and matter inclined towards in favor of
Evans as Court ruled in 5:2 majority. Nonetheless, after the several jurisdictions held and
assessment of the case, this certificate was determined invalid.
Reason Cited for the judgment
After assessing the case and various judgments, it is found that Court said that Attorney General
has no power to override the decision of judicial tribunal by issuing a certificate merely because
he, a member of the executive and he is considering facts and argument of the case which takes a
different view from that taken by the tribunal or court. It is considered to be the unique in the
system of the law of the UK and it will cut to the two implicated constitutional principle which
are fundamental to the related parties. However, the decisions of the court will be binding to the
parties and cannot be negated. Therefore, the action of the extrusive are reviewable by the court
and cannot be VICE-VERSA.
Whereas two justices pronounced in favor of issuing certificates and they considered that the
Attorney General was authorized to issue a certificate. The Certificate proceeded on the basis of
the acts made under the Upper Tribunal without real or adequate explanation and it can never be
regarded as satisfying the test of issue of certificate.

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Part B
Introduction
The International community had the key consideration of the protection of autonomy,
freedom and dignity of an individual. Therefore the enactment of Human Rights is necessary for
the promotion and protection of human beings. Human rights are those freedoms and
entitlements which are belonged to all the persons irrespective of their gender, nationality, color
or religion. These human rights help in maintaining a civilized and a fair society. In UK, there
being a long tradition in developing the human rights. The key piece of this legislation is
bringing rights home and it ensures that all rights of the persons has been protected in UK Courts
without the need for going to Strasbourg in first place. In this part it will be discussed the critical
assess of the extent to which the Human Rights Act 1998 will be achieved.
Protection of Human Rights through Human Rights Act
An international treaty called ECHR lists a set of rights that should been respected and
guaranteed by various different states in their respective jurisdictions. This treaty has been made
after the Second World War due to various crimes been committed during the War. Therefore for
the protection of people this treaty has been made.
The right has been allowed by ECHR that they can make a complaint outside their state because
their government has violated their rights or freedoms7.
7 'The Human Rights Act' (Liberty Human Rights, 2019)
<https://www.libertyhumanrights.org.uk/human-rights/human-rights-act> accessed 23 April 2019.

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Main Features of the HRA
The main goal for the Human Rights Act is to give further effect in UK law to the
fundamental rights and freedoms that is listed in the ECHR. This was given with a view to
strengthen the human rights given to individual. Before the victims of Human Rights have to
complaint in the Strasbourg court but now they can directly go to the UK Courts. The
consideration had been made that before the Act was passed a lot of time the people have to
spend lots of time and money. Human Rights Act gives not only the rights that affects the serious
matters like life and death or freedom from killing or torture but it also contains the rights that is
present in individuals daily life for example freedom of expression and privacy. However there
are many rights which are not absolute. We don’t have only rights but there are also
responsibilities for example to respect the rights of other individuals and that does not mean by
exercising own rights and prevent others to exercise their rights. Some of the Human Rights are
the freedom from forced labour and slavery, right to life, right to liberty, education right,
freedom of expression 8and the right to participate in the free elections. In the cases where these
rights had been breached than the facility had been provided to bring the case to the Court9.
However, the right to vote has been highly criticized in the UK because it is not fully
enforceable in the UK. It is analyzed that prisoner does not have the right to vote in the elections.
John Hirst was a prisoner who spent 25 years for killing his landlady with an axe. He tried to
change the situation and lost in the first round in the High Court but later on 6th October 2005 the
judges of seven member of the Srasboug Court of Human Rights was agreed that the position of
the government was wrong. The court decided that it does not matter that how serious is the
crime but everyone has the basic human right to vote. After this case, many prisoners in the UK
got the right to vote. However the society was divided in two ways, one in favor of the decision
of the Court and one is against the decision of the Court10. Each and every individual human will
have right to live their life as according to their choices.
The favoring party had stated a various number of reasons why the decision was fair in society.
They stated that the criminal who goes to prison lose their liberty in the society but that does not
8 Human Rights Act 1998
9 (Mind.org.uk, 2019) <https://www.mind.org.uk/media/1823083/human-rights-act.pdf> accessed 23 April 2019.
10 (Uk.practicallaw.thomsonreuters.com, 2019) <https://uk.practicallaw.thomsonreuters.com/3-106-4565?
transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1> accessed 23 April 2019.

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mean that they had lost their identity or their citizenship of the country. They are still part of the
humans and will remain part of human. It is also stated by the favoring party that the voting right
will enable the prisoners to make plans for the effective resettlement in society. The prisoners
have the right to decide the representative who represents them and who make laws that also
affects them by governmental and social issues11.
On the other hand, the party who oppose the decision of the Court that the criminals should be
excluded from society. If someone had breached the laws or the social rules and in against asking
for remedies for his actions. The remedies can be right to freedom and right to give a vote or
participate in the free elections. They can't be deemed to be the part of society as they had chosen
their path and that has forfeited those rights from them12.
There is a wide range of fundamental rights are covered but surprisingly HRA had been
considered as one of the most important parts of the legislation that has been passed in the UK.
Human rights key piece of legislation has the most important goal of bringing the rights home.
This will make the constitutional mechanism strong and it will ensure that all the power such as
parliament, executive and judiciary respect human rights in their work and it will enhance the
democratic process. It will increase awareness in the whole society. The aims that are achieved
are critical to preserving the sovereignty of Parliament. The sovereignty of parliament should be
preserved while achieving these aims13.
Impact of the Human Rights Act
The impact of the Human Rights Act 1998 was critical and gives several rights to the
human to enjoy their life. The Act undoubtedly had improved certain areas of the society but on
the other hand, there are various parts that reflected negative impact on the human rights and
society at large. One of those areas is the voting rights of prisoners. The answer to this question
11 'The Human Rights Act | Equality And Human Rights Commission' (Equalityhumanrights.com, 2019)
<https://www.equalityhumanrights.com/en/human-rights/human-rights-act> accessed 23 April 2019.
12 Khadija Amed, Neil Crowther and Carlyn Miller, 'On The Human Rights Act, 1998 And 'Bringing Rights Home'
(RightsInfo, 2019) <https://rightsinfo.org/on-the-human-rights-act-1998-and-bringing-rights-home/> accessed 23
April 2019.
13 Des McNulty, Nicholas Watson and Gregory Philo, 'Human Rights Versus Citizenship Rights: Media Coverage Of
Human Rights In The UK."' [2016] The Routledge International Handbook of Criminology and Human Rights.

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is simple that voting rights to prisoners are negative. The person who had broken laws with the
intention has no right to the part of the community. However, this was seen from the legal terms.
They have chosen their options and that is against society and its rules. The participating in the
free elections should not be given to the prisoners who are in jail. The people who are in jail
means that they have not been provided anything and all the rights of the society had been taken
from him. The prisoners who have committed the crime and has snatched someone Human
Rights and if provided to participate in the free elections is the remedy for those actions14.
Judicial Review of Primary Legislation
The Human Resource Act had undoubtedly had changed the historical separation of
powers in the UK. It is required by the Courts to construe legislation so far as it is possible to do
that should be in accordance with the rights enshrined within the ECHR15.
The extent of Human Rights
In the year 1998, the Human Rights Act had Royal Assent and it came into force 2nd
October 2000. The objective of the Act was to correspond with the domestic law of the country
with the European Convention on Human Rights and proper harmonization between both. Today
the in any court one can file the complaint about the breach of the Human rights rather than
going into the Strasbourg Court16.
The ability of the domestic laws and by compelling revision of these laws to comport the rights
that has been guaranteed in many areas by the European Convention. The most issues before of
Human Rights has been limited to the citizenry and to the border of the state but after the treaty,
the limitation has been extended. Through treaty the signatory nation of Europe had granted the
ECHR binding authority for deciding the case that affects the citizenry and other persons subject
to their authority17.
14 Cath Collins, 'The Politics Of Justice From Below: Human Rights Defenders And Atrocity Crime Trials In Latin
America' [2016] SSRN Electronic Journal.
15 Alan Greene, 'The UK Government's Proposed Presumption To Derogatee From The ECHR: Submission To The
Joint Committee On Human Rights' [2017] SSRN Electronic Journal.
16 'Eight Reasons Why The Human Rights Act Makes The UK A Better Place' (Amnesty.org.uk, 2019)
<https://www.amnesty.org.uk/eight-reasons-why-human-rights-act-has-made-uk-better-place-british-bill-of-rights>
accessed 23 April 2019.

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In cases where the decision of the state law is found inconsistent with the ECHR
judgment. The nation is bound to make amendments in their domestic law to match with the
decision of ECHR. The European supranational identity has been evolved through these cases.
The jurisdiction granted by ECHR to any of the victims such as individuals, non-governmental
organizations or the group that claimed that they are the victim of the violation of the European
convention by the European signatory country. However, it has been criticized that it prohibits
the public body to behave in the manner that the rights that have given under the ECHR. It has
limited the arbitrary actions from the public bodies that in particular public officers. The laws
made on the “breach of the peace” are so large that it is often lead to the violations of Human
Rights. The breach of the peace is also called the breach of Queen's peace. Human Rights has
grown a long way and inside and outside the borders18.
Conclusion
After assessing the case, it could be inferred that in the UK the protection of Human
Rights played a key role for the British people. It is been the long tradition the development of
Human Rights has taken place. The people before have to fight cases for the human rights that
took a long time and money. But after the treaty, the person who is the victim of Human Rights
can file the case in any court and the jurisdiction has become vast. The nation has to make its
laws competent with ECHR decisions. If they are not competent than they have to make
amendments in these laws. It has been critically evaluating that human rights do not cover all
areas such as the right to prisoners to right to vote or participate in the free elections. After
considering the case laws, it could be inferred that Human Rights Act gives not only the rights
that affect the serious matters like life and death or freedom from killing or torture but it also
contains the rights that are present in individuals daily life, for example, freedom of expression
and privacy. However, there are many rights which are not absolute. Therefore it can say that
human rights play an important role in the UK and it is extended to a large area and it covers vast
areas such as privacy, freedom. This gives the fundamental right to the person to live their lives.
17 Ben, Hannah Christman, Russell, 'Readjusting The Political Thermostat: Fuel Poverty And Human Rights In The
UK' (2016) 2 Journal of Human Rights in the Commonwealth.
18 'The Human Rights Bill' (GOV.UK, 2019) <https://www.gov.uk/government/publications/the-human-rights-bill>
accessed 23 April 2019.

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Bibliography
Primary Sources
Human Rights Act of 1998
R (on the application of Evans) and another (Respondents) v Attorney General (Appellant)
Secondary Sources
(Uk.practicallaw.thomsonreuters.com, 2019) <https://uk.practicallaw.thomsonreuters.com/3-106-
4565?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1>
accessed 23 April 2019
'The Human Rights Bill' (GOV.UK, 2019) <https://www.gov.uk/government/publications/the-
human-rights-bill> accessed 23 April 2019
McNulty, D, N WatsonG Philo, 'Human Rights Versus Citizenship Rights: Media Coverage Of
Human Rights In The UK."' [2016] The Routledge International Handbook of Criminology and
Human Rights.
Christman, Russell B, 'Readjusting The Political Thermostat: Fuel Poverty And Human Rights In
The UK' (2016) 2 Journal of Human Rights in the Commonwealth
Greene A, 'The UK Governmentts Proposed Presumption To Derogatee From The ECHR:
Submission To The Joint Committee On Human Rights' [2017] SSRN Electronic Journal
Collins C, 'The Politics Of Justice From Beloww: Human Rights Defenders And Atrocity Crime
Trials In Latin America' [2016] SSRN Electronic Journal
Amed K, N CrowtherC Miller, 'On The Human Rights Act 1998 And 'Bringing Rights Home'
(RightsInfo, 2019) <https://rightsinfo.org/on-the-human-rights-act-1998-and-bringing-rights-
home/> accessed 23 April 2019
'The Human Rights Act | Equality And Human Rights Commission' (Equalityhumanrights.com,
2019) <https://www.equalityhumanrights.com/en/human-rights/human-rights-act> accessed 23
April 2019
'The Human Rights Act' (Liberty Human Rights, 2019)
<https://www.libertyhumanrights.org.uk/human-rights/human-rights-act> accessed 23 April
2019

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(Mind.org.uk, 2019) <https://www.mind.org.uk/media/1823083/human-rights-act.pdf> accessed
23 April 2019
'Eight Reasons Why The Human Rights Act Makes The UK A Better Place' (Amnesty.org.uk,
2019) <https://www.amnesty.org.uk/eight-reasons-why-human-rights-act-has-made-uk-better-
place-british-bill-of-rights> accessed 23 April 2019
'The Rule Of Law | Lexisnexis' (Lexisnexis.co.uk, 2019)
<http://www.lexisnexis.co.uk/en-uk/about-us/rule-of-law.page> accessed 23 April 2019
'The Rule Of Law In The UK - Inbrief.Co.Uk' (InBrief.co.uk, 2019)
<https://www.inbrief.co.uk/legal-system/the-rule-of-law/> accessed 23 April 2019
Mak ES Taekema, 'The European Union’S Rule Of Law Agenda: Identifying Its Core And
Contextualizing Its Application' (2016) 8 Hague Journal on the Rule of Law
Murray AB Keenan, 'LSE Law Department Briefings On The Investigatory Powers Bill: Ensuring
The Rule Of Law' [2015] SSRN Electronic Journal
Christman, Russell B, 'Readjusting The Political Thermostat: Fuel Poverty And Human Rights In
The UK' (2016) 2 Journal of Human Rights in the Commonwealth
The Rule of Law in Inter-National Relations: Contestation Despite Diffusion DiffusionnThrough
Contestation
Wiener A, 'The Rule Of Law In Inter-National Relations: Contestation Despite Diffusion
Diffusionnthrough Contestation' [2018] SSRN Electronic Journal