Public Law (LL105) - The Rule of Law
Contents:
1. What is the Rule of Law?
1.1. Dicey’s conception
1.2. Compatibility with Parliamentary Supremacy
1.3. What is the difference between ‘rule by law’ and ‘the rule of law’?
1.3.1. Erosion of checks and balances
1.4. The Formalist vs Substantivist debate
1.4.1. Formalist arguments
1.4.2. Substantivist arguments
2. Entrenchment
2.1. How might entrenchment be achieved?
2.2. Should Parliament be able to entrench its legislation?
2.3. The concept of implied repeal
3. The Impact of the Constitutional Reform Act 2005 (CRA 2005)
3.1. Impact on the Separation of Powers
3.1.1. Lord Chancellor
3.1.2. Judicial Appointments
3.1.3. Creation of the Supreme Court
3.2. Impact on the Rule of law
3.2.1. Positive impacts
3.2.2. Neutral and negative impacts
4. R v Evans [2005] - Case Note
4.1. Impact of Evans on constitutional principles
Contents:
1. What is the Rule of Law?
1.1. Dicey’s conception
1.2. Compatibility with Parliamentary Supremacy
1.3. What is the difference between ‘rule by law’ and ‘the rule of law’?
1.3.1. Erosion of checks and balances
1.4. The Formalist vs Substantivist debate
1.4.1. Formalist arguments
1.4.2. Substantivist arguments
2. Entrenchment
2.1. How might entrenchment be achieved?
2.2. Should Parliament be able to entrench its legislation?
2.3. The concept of implied repeal
3. The Impact of the Constitutional Reform Act 2005 (CRA 2005)
3.1. Impact on the Separation of Powers
3.1.1. Lord Chancellor
3.1.2. Judicial Appointments
3.1.3. Creation of the Supreme Court
3.2. Impact on the Rule of law
3.2.1. Positive impacts
3.2.2. Neutral and negative impacts
4. R v Evans [2005] - Case Note
4.1. Impact of Evans on constitutional principles
