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Q1 pg 5 Misc Q.
Discuss the nature of ROL and its importance to the law and working of the BC.
1. Explain the concept of ROL.
- Prof AV Diceys 3 postulates
2. Importance of ROL
3. Workings of the ROL
Joseph Raz: The ROL is a political ideal and one of the virtues that a legal system may possess and by which it is to be judged.
For Raz, this principle os the ultimate justification for the existence of a legitimate political system. It is a necessary ingredient to provide a governmental system. It is an approach to which how the govt should rule the country according to the law.
i) No man should be punished or legally made to suffer unless there is a distinct breach of the law.
Importance: Before HRA '98, this served as a protection towards the public's civil liberties for it is aimed at the executive.
Hillaire Barnett: 1st postulate is observed - "social ctt" - taken fr "Laws of the Prerogatives of the Crown" by Chitty J.
War Damages Act 1965 and War Crimes Act 1991 have retrospective effects and challenges the 1st postulate.
Justify WDA 1965: "Govt cannot be held responsible for damages sustained during war(WW2)."
ii) Equality before the law.
Importance: This postulate subscribes to the principle of a democratic society.
Promotes harmony in the society.
Exceptions: Parliamentary Privilege?
Justification: The need to be able to discuss matters openly without fear of legal implications.
- Judicial immunity
- Diplomatic immunity
iii) Judges are better protectors of civil liberties:
Common law has been virtually created by the judges.
Importance: 3rd postulate has given the law an opportunity to evolve.
- But 3rd postulate is not applicable since there is no true access to justice.(However, it is not his fault, LC's Dept is to blame for this)
by Michael C on Wednesday, April 23, 2003