Rule of Law in UK

Rule of Law in UK

Introduction

There are many ways to define rule of law. If one has to define the phrase in layman's terms, the rule of law implies equality, that regardless of political, cultural, ethnic, and financial background and position in the society, law is to treat everyone equally and that everyone is subject to the law and that the rule of law constitutes the basis for regulation of state power and individual freedoms. The law, therefore, is applicable to anyone without exception including the Parliament and Monarch as well. Another definition of the phrase is based on its philosophical framework that whether morality approves it or whether it fulfils the criteria to be considered morally right or are there some actions associated with the rule of law that go against the moral values. Finally, the rule of law can also be seen in terms of its implications and applications in political settings. In this sense, it is concerned with the question whether the governments are rule by the law. It suggests that the government should not only be held accountable for their actions, but their actions should also be legal in the first place. Although, there are also many other interpretations of the phrase, the paper will attempt to elaborate the first definition and will critically analyse the issue to gauge the extent to which the definition or doctrine operates in UK.

Discussion

Historically the Magna Carta document has always influenced the rule of law, which restricted and restrained the otherwise unrestrained authority of the monarch. The document guaranteed that the King's authority was governed by the law. The rise of parliamentary system in the late fourteenth and early fifteenth century affected this notion and combined it with the supremacy of Parliament thereby upholding the supremacy of law and giving the Parliament powers to make amendments to it. Today, the Parliament exercise even more power than ever, with the parliamentarians having the grasp of sovereignty and royal prerogatives. They use both the way suits their need and thus have the authority of manipulate the rule of law. The Parliament is answerable to no one, not even the courts. The Parliament is, therefore, a sovereign and supreme legislative body which gives it the authority to propose any law that can not be invalidated by any other entity in the country. This characteristic of the Parliament has placed it, ...