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Key doctrines of the Supreme
Court
The rule of law
The rule of law is a key doctrine of the UK constitution under which all are
guaranteed justice. (A.V. Dicey saw this as one of the ‘twin pillars’ of the
constitution, the other being parliamentary sovereignty.)
According to Dicey, the rule of law has three main strands:
No one can be punished without trial.
However this has not always been held up in practice with terrorist suspects
being subject to punishments like indefinite detention, freezing of their assets
etc.
No one is above the law and all are subject to the same justice.
However again has not always been held up, examples of this include
monarchs, MPs, this is especially obvious in the expenses scandal 2009.
The general principles of the constitution result from judges’ decisions
rather than parliamentary statute.
Although this is prescribed, any legal precedent can be overturned by a simple
act of parliament.
Key doctrines of the Supreme Court 1
, The malfunctions of this doctrine could possibly be put down to a flaw of the un-
codified nature of the UK constitution.
Judicial independence and judicial neutrality
The rule of law demands that judges at all levels of the UK judiciary should operate
with independence and dispense justice with a level of neutrality. However there
needs to be a distinction between these two.
The absence of judicial independence is a threat to judicial neutrality because the
impartiality of the judge is compromised if they are subject to external control.
However independence leaves judges much in the same way, to their own,
inevitable biases.
How do they differ?
How is judicial independence maintained?
Judicial independence is based on 6 main pillars:
‘Security of tenure’ on judges. Judges are appointed for an open ended term,
however that they must retire by the age of 75. This means that politicians
cannot seek bring influence by suspension or sacking them. They may only be
removed by impeachment vote in the Houses of Parliament.
The offence of contempt of court. The suspension of ministers, media and
others from talking on legal proceedings as to not sway any outcomes through
pressure from the general public.
Key doctrines of the Supreme Court 2
Key doctrines of the Supreme
Court
The rule of law
The rule of law is a key doctrine of the UK constitution under which all are
guaranteed justice. (A.V. Dicey saw this as one of the ‘twin pillars’ of the
constitution, the other being parliamentary sovereignty.)
According to Dicey, the rule of law has three main strands:
No one can be punished without trial.
However this has not always been held up in practice with terrorist suspects
being subject to punishments like indefinite detention, freezing of their assets
etc.
No one is above the law and all are subject to the same justice.
However again has not always been held up, examples of this include
monarchs, MPs, this is especially obvious in the expenses scandal 2009.
The general principles of the constitution result from judges’ decisions
rather than parliamentary statute.
Although this is prescribed, any legal precedent can be overturned by a simple
act of parliament.
Key doctrines of the Supreme Court 1
, The malfunctions of this doctrine could possibly be put down to a flaw of the un-
codified nature of the UK constitution.
Judicial independence and judicial neutrality
The rule of law demands that judges at all levels of the UK judiciary should operate
with independence and dispense justice with a level of neutrality. However there
needs to be a distinction between these two.
The absence of judicial independence is a threat to judicial neutrality because the
impartiality of the judge is compromised if they are subject to external control.
However independence leaves judges much in the same way, to their own,
inevitable biases.
How do they differ?
How is judicial independence maintained?
Judicial independence is based on 6 main pillars:
‘Security of tenure’ on judges. Judges are appointed for an open ended term,
however that they must retire by the age of 75. This means that politicians
cannot seek bring influence by suspension or sacking them. They may only be
removed by impeachment vote in the Houses of Parliament.
The offence of contempt of court. The suspension of ministers, media and
others from talking on legal proceedings as to not sway any outcomes through
pressure from the general public.
Key doctrines of the Supreme Court 2
