The Rule of Law

 

A topic which has been mentioned in previous blog posts has been that of the rule of law. The rule of law is a concept difficult of a single definition. It is however, a key component in any civilised and democratic society. The easiest way, and that in which many would describe the rule of law, is by saying it is the principle in which nobody is above the law. This definition unfortunately does not go anywhere near encompassing what the rule of law is or is made up of. The concept of the rule of

Judicial Review

 

Background to Judicial Review

For the benefit of the lay reader it may be best to give a brief outline of areas surrounding judicial review before diving straight into the matter itself.

In The U.K. we have a tripartite system. The Executive, made up of the government; the Legislature, made up of Parliament and the Judiciary, made up of the courts. Parliament is the supreme law making body and any Act of Parliament can override any other body. It is the role of the Judiciary to enforce the law and in doing so it often has to interpret it. A vast amount of law however, has not been made through an Act of Parliament. It comes from common law, i.e. case law that has