Constitutional law coursework question
The statutory affirmation of the rule of law in section 1 of the Constitutional Reform Act 2005 as an existing judicial principle….does have an important consequence: that the judges….are not free to dismiss the rule of law as meaningless verbiage, the jurisprudential equivalent of motherhood and apple pie, even if they were inclined to do so.’
Professor Paul Craig, The Rule of Law (2005)
Evaluate the extent to which the UK judiciary has demonstrated its willingness to uphold the rule of law as against the executive and the legislature with reference to the above quotation and relevant case law.
Will need to include and start with Aristotle, then Dicey’s rule of law – analysise it, debate between formalist theory and substantive theory, case law perspectives, examine older cases, move on to newer cases. Look at judges attitudes in examining where they are willing to uphold the rule of law.
Discuss the constitutional reform act, courts law in allowing the executive too much power. What happens in a state of emergency.
Include cases of Liversidge v anderson, (formative) A and others (substantive)
Ensure that if possible sources of reference are constitutional and administrative law by john adler and begining constitutional law nick howard and a further two sources