Rule of Law in UK Law

Leading Cases
  • R v Horseferry Road Magistrates Court ex parte Bennett (A.P.)
    • House of Lords
    • 24 June 1993

    If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law. If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law.

  • Boddington v British Transport Police
    • House of Lords
    • 02 April 1998

    Since O'Reilly v. Mackman decisions of the House of Lords have made clear that the primary focus of the rule of procedural exclusivity is situations in which an individual's sole aim was to challenge a public law act or decision. It does not apply in a civil case when an individual seeks to establish private law rights which cannot be determined without an examination of the validity of a public law decision.

  • Miliangos v George Frank (Textiles) Ltd
    • House of Lords
    • 05 November 1975

    It is for the courts, or for arbitrators, to work out a solution in each case best adapted to giving the injured plaintiff that amount in damages which will most fairly compensate him for the wrong which he has suffered.

  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 July 1999

    Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.

  • Belhaj and another v Straw and Others; Rahmatullah v Ministry of Defence and another (No 2)
    • Supreme Court
    • 17 January 2017

    The third rule has more than one component, but each component involves issues which are inappropriate for the courts of the United Kingdom to resolve because they involve a challenge to the lawfulness of the act of a foreign state which is of such a nature that a municipal judge cannot or ought not rule on it.

  • Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
    • House of Lords
    • 11 November 2004

    But the dicta to which I have referred all have in common the idea that it is necessary in our society, a society in which the restraining and controlling framework is built upon a belief in the rule of law, that communications between clients and lawyers, whereby the clients are hoping for the assistance of the lawyers' legal skills in the management of their (the clients') affairs, should be secure against the possibility of any scrutiny from others, whether the police, the executive, business competitors, inquisitive busy-bodies or anyone else (see also paras. 15.8 to 15.10 of Adrian Zuckerman's Civil Procedure where the author refers to the rationale underlying legal advice privilege as "the rule of law rationale").

  • Macmillan Inc. v Bishopsgate Investment Trust Plc (No. 3)
    • Court of Appeal (Civil Division)
    • 02 November 1995

    However, classification of an issue and rule of law for this purpose, the underlying principle of which is to strive for comity between competing legal systems, should not be constrained by particular notions or distinctions of the domestic law of the lex fori, or that of the competing system of law, which may have no counterpart in the other's system.

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Legislation
  • Insurance Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (2) Nothing in this Part affects the operation of any rule of law according to which knowledge of a fraud perpetrated by an individual (“F”) either on the insured or on the insurer is not to be attributed ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (c) in paragraph (b), after "seizure" insert "or of any other enactment or rule of law by virtue of which the conduct in question is authorised or required"; ... (d) for "the said section 1(1)" substitute "any of those sections"; ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... (b) the exercise of a function of either House of Parliament, ... (c) the exercise of a function conferred on a person by an enactment or rule of law, ... (d) the exercise of a function of the Crown, a Minister of the Crown or a government department, or ... (e) an activity that supports ... ...
  • Legislation (Wales) Act 2019
    • Wales
    • January 01, 2019
    ... ... 38) , so far as it applies in relation to Wales; ... (d) (d) any other enactment or rule of law, so far as it applies in relation to Wales and relates to subject matter which could be provided for in an Assembly Act. S-2 ... Programme ... ...
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Books & Journal Articles
  • Civil Liberty and the Rule of Law
    • No. 31-2, June 1983
    • Political Studies
    • 0000
    All think that the rule of law is a good thing. It is also widely believed, and it has been argued by some leading jurisprudents, that the chief reason why the rule of law is a good thing is that i...
  • A Structuralist Concept of the Rule of Law
    • No. 10-1, April 2021
    • British Journal of American Legal Studies
    • Alani Golanski
    • LL.M., James Kent Scholar, Columbia University School of Law; M.A. Philosophy, Graduate Center of the City University of New York; Director, Weitz & Luxenberg, P.C., New York, New York
    • 119-153
    The prevalent approach to the concept of the rule of law among legal theorists puts attributes first, assigning certain features of laws and sometimes legal systems as rule-of-law virtues. Inquirin...
  • The Rule of Law in the Age of Statutes
    • No. 48-2, June 2020
    • Federal Law Review
    • 0000
    This article provides an empirical analysis of the legislative practice of the Australian Parliament and considers its implications for the rule of law. Federal legislation is so voluminous, comple...
  • Rule of Law: Lofty Ideal or Harsh Reality?
    • No. 8-4, February 2001
    • Journal of Financial Crime
    • 347-355
    The Palermo Conference represents an important paradigm of civic responsibility that holds important global lessons for the kind of solidarity and cooperation necessary to transform the harsh reali...
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Law Firm Commentaries
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Forms
  • Application for Part 24 Judgment on the whole of a claim or on a particular issue (rule 24.2)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
  • Form P10
    • HM Courts & Tribunals Service court and tribunal forms
    Mental Health Tribunal forms including application and pre-hearing examination forms.
    ... ... Health, Education and Social Care Chamber ... (Mental Health) ... Form P10 - Application for permission to appeal (Rule 46) ... Notes for guidance are available which explain how to complete the application for permission to appeal. Please read them carefully ... ...
  • Group Litigation Order (rule 19.11)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
  • Application for declaration as to adoption elected overseas under section 57 of the Family Law Act 1986
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... the order you are seeking and the legal basis for your application; and ... if your application is being made under a specific rule or practice direction, you must state which ... Depending on the Declaration you are applying for you must set out specific information ... ...
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