English Legal System And Its Context: The Rule Of Law And Its Application To Law Making, The Legal System And Substantive Law (Copy)
English Legal System And Its Context: The Rule Of Law And Its Application To Law Making, The Legal System And Substantive Law
Case Precedents & Statutes Sheet (AS Level Law – England and Wales)
Core Rule of Law Authorities (Foundational)
| Authority | Court / Source | Rule of Law Principle Established | Exam Focus |
|---|---|---|---|
| Dicey – The Rule of Law (1885) | Constitutional authority | Supremacy of law, equality before law, protection of rights | Theoretical foundation |
| Entick v Carrington (1765) | King’s Bench | State officials must have legal authority | Limits on executive power |
| R v Secretary of State for the Home Department, ex parte Fire Brigades Union (1995) | House of Lords | Executive cannot override Parliament | Parliamentary supremacy |
| R (Miller) v Prime Minister (No 2) (2019) | UK Supreme Court | Courts can review executive abuse of power | Judicial enforcement of rule of law |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Rule of Law Applied to Law Making (Parliament, Executive, Judges)
Parliamentary Law Making
| Case / Statute | Court / Body | Principle | Exam Use |
|---|---|---|---|
| R (Miller) v Secretary of State for Exiting the EU (2017) | UK Supreme Court | Parliament is supreme in law-making | Limits on executive |
| Jackson v Attorney General (2005) | House of Lords | Courts may question extreme abuses of parliamentary power | Rule of law vs sovereignty |
| Bill of Rights 1689 | Parliament | No taxation or law without Parliament | Constitutional safeguard |
- Parliament:
- Supreme law-making body
- Bound politically and constitutionally by rule of law
- Cannot act arbitrarily without legal authority
Executive Law Making (Delegated Legislation)
| Case / Statute | Court | Rule of Law Control | Exam Focus |
|---|---|---|---|
| R v Secretary of State for Education, ex parte Tameside (1977) | House of Lords | Courts can review executive decisions | Judicial review |
| Aylesbury Mushrooms Case (1972) | High Court | Failure to consult = unlawful | Procedural fairness |
| Human Rights Act 1998 | Parliament | Executive acts must comply with Convention rights | Legal limits |
| Statutory Instruments Act 1946 | Parliament | Parliamentary control of delegated legislation | Accountability |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Judicial Law Making (Common Law)
| Case | Court | Rule of Law Principle | Exam Use |
|---|---|---|---|
| R v R (1991) | House of Lords | Judges can modernise common law | Flexibility |
| Shaw v DPP (1962) | House of Lords | Judicial creativity controversial | Limits of rule of law |
| Knuller v DPP (1973) | House of Lords | Judicial restraint acknowledged | Certainty |
| Practice Statement (1966) | House of Lords | Controlled departure from precedent | Balance between certainty and justice |
- Judges:
- Develop law incrementally
- Must act predictably and consistently
- Restricted by precedent and statute
Rule of Law Applied to The Legal System
Equality Before the Law
| Case / Statute | Court | Principle | Exam Trigger |
|---|---|---|---|
| R v Sussex Justices, ex parte McCarthy (1924) | King’s Bench | Justice must be seen to be done | Impartial courts |
| R (Unison) v Lord Chancellor (2017) | UK Supreme Court | Access to courts essential to rule of law | Legal access |
| Human Rights Act 1998 – Article 6 | Parliament | Right to a fair trial | Equality of arms |
- Everyone subject to same law
- No arbitrary privilege
- Courts must be independent and accessible
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Legal Certainty and Predictability
| Case | Court | Rule of Law Aspect | Exam Use |
|---|---|---|---|
| R v Rimmington (2006) | House of Lords | Criminal law must be clear | Certainty |
| Boddington v British Transport Police (1999) | House of Lords | Individuals can challenge unlawful rules | Protection from arbitrariness |
| Sunday Times v UK (1979) | ECtHR (via HRA relevance) | Laws must be accessible and foreseeable | Legal clarity |
Rule of Law Applied to Substantive Law
Criminal Law
| Case / Statute | Court | Rule of Law Principle | Exam Focus |
|---|---|---|---|
| R v Rimmington (2006) | House of Lords | No vague or uncertain crimes | Legal certainty |
| Shaw v DPP (1962) | House of Lords | Judicial creation of crimes criticised | Predictability |
| Criminal Law Act 1967 | Parliament | Clear statutory offences | Accessibility |
- No punishment without law
- Crimes must be defined clearly
- Retrospective criminalisation discouraged
Human Rights Protection
| Case / Statute | Court | Rule of Law Application | Exam Use |
|---|---|---|---|
| Human Rights Act 1998 | Parliament | Rights enforceable in domestic courts | Substantive protection |
| A v Secretary of State for the Home Department (2004) | House of Lords | Indefinite detention unlawful | Limits on state |
| Belmarsh Detainees Case (2004) | House of Lords | Rule of law over national security | Judicial control |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
High-Yield Evaluation Cases (Rule of Law in Action)
| Issue | Authority | Use |
|---|---|---|
| Executive abuse | Entick v Carrington | Classic authority |
| Parliamentary limits | Jackson v AG | Extreme cases |
| Judicial accountability | Shaw v DPP | Criticism |
| Access to justice | R (Unison) | Modern authority |
| Fair trials | HRA 1998, Art 6 | Core protection |
Ultra-Condensed Exam Recall Grid
| Area | Authority | Memory Hook |
|---|---|---|
| Rule of law core | Dicey | 3 principles |
| Executive limits | Entick v Carrington | No authority = unlawful |
| Parliamentary control | Miller (2017) | Parliament decides |
| Courts & access | Unison | Justice must be reachable |
| Criminal certainty | Rimmington | No vague crimes |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course