Rule of Law - Mind map. PDF

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Summary

Mind map....

Description

political asylum rejected

no freeman, taken, imprisoned, outlawed, harmed

s.40

not sell, deny, delay right to justice

Facts

contempt of court against home sec for ignoring mandatory order issued by high court judge had jurisdiction to make order

Magna Carta 1215

home sec in contempt of court M v Home Office 1994

Held

crown immune, not subject to orders can as individual

s.39

King John, disagreement with Barons 1200 Barons, created charter, king sign

Equality before the law

King John got pope to annul it reissued, part of law 1225

govt dept but minister is person

"court certify causes of imprisonment"

govt must act in accordance with law

legal action brought by writ

no special treatment for ministers

allowing citizens legality and if imprisonment lawful

Habeas Corpus Act 1679 s.1 King's messenger seize papers no express authority in law

Facts

judicial scrutiny, limiting powers of state

History

no excessive bail... no cruel/unusual punishments

no legal authority need express legal authority

Held

Entick v Carrington

Bill of Rights 1689

warrant illegal and void 'The silence of books is authority against the defendant"

after golden revolution when const monarchy formed James 2nd power to suspend law under RP

Lord Camden CJ 1. Act does not affect:

phone tapped expected of criminal conduct

Facts

Constitutional Reform Act 2005

no express legal authority

ART 8 breach

b) Lord Chancellors role

created freestanding supreme court upholding ROL

Rule of Law

Held

not following Entick

Malone v MET police commissioner

ROL global European Convention on Human Rights

everything is permitted except what is expressly forbidden ordinary people and state can do the same

exact scope of ROL difficult

"...Chameleon-like notion..." Helen Fenwick Sir Robert Megarry

ROL and par sov not conflicting

Govt under law

crown do whatever not prohibited

1.no one punished unless breach

parliament passed law allowing phone tapping NZ citizen offences in UK arrested SA police

What is the ROL?

2.same law

A.V Dicey

equality not monarchy

Facts 3.rights protected com law

unlawfully brought to UK, couldn't try not following procedure, acting unlawfully

par removed power

a)existing ROL

preserving judicial independence

govt do wha not prohibited by law private life and correspondence

Par disagreed

not higher law

R v Horseferry Road Magistrates Court "...all persons and authorities...entitled to benefits of laws"

Held Lord Bingham

deported to UK, arrested Zimbabwe convicted conspiracy, 30yrs

Facts 1.accessible, intelligible, clear, predictable

claimed forcibly brought Held unlawful extradition quashed

2.questions or right resolved app of law R v Mullen 2000 3.equally to all

even though trial fair state cannot breach ROL state have mass resources, citizen does not state have obligations to citizens dangerous not putting constraints on govt

Lord Bingham's 8 principles

4.exercise powers in good faith 5.adequate protection, fundamental rights 6.means for resolving disputes

Further restrictions on govt?

7.procedures by state and fair 8.ROL compliance by state...