Cecily Zamora
The concept of the rule of law has been traced back to 4th-century BC Athens, with Aristotle writing that It is more proper that law should govern than any one of the citizens. In the UK, parliamentary sovereignty means that Parliament is the supreme legal authority, with the power to pass laws that future Parliaments can change. The UK's Human Rights Act is also an important part of the rule of law, allowing individuals to challenge the government and ensuring accountability. While the UK has an uncodified constitution, the principle of the rule of law suggests that no one, including the government, is above the law. However, the UK monarch is technically above the law, though they are expected to follow legal conventions and traditions.
| Characteristics | Values |
|---|---|
| UK Constitution | Uncodified |
| UK Sovereignty | Parliamentary |
| Human Rights Act | Limits government power |
| Rule of Law | No one is above the law |
| Monarchy | Technically above the law |
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What You'll Learn
The UK's uncodified constitution
The UK's constitution is comprised of written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike most countries, the UK's constitution is uncodified, meaning that it is not brought together in a single document. Instead, it is made up of various sources, including legislation, the royal prerogative, case law, and constitutional conventions. These include leading statutes, conventions, judicial decisions, and treaties.
Examples of constitutional statutes include the Bill of Rights 1689, Acts of Union 1707 and 1800, Act of Settlement 1701, Parliament Acts 1911 and 1949, Human Rights Act 1998, Scotland Act, Northern Ireland Act, and Government of Wales Act 1998. Examples of conventions include that the monarch acts on ministerial advice and that the Prime Minister sits in the House of Commons. These conventions have been codified in documents such as the Cabinet Manual and Ministerial Code, although these are not legally binding.
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The Human Rights Act
In the UK, human rights are protected by the Human Rights Act 1998. The Act gives effect to the human rights set out in the European Convention on Human Rights, which protects the human rights of people in countries that belong to the Council of Europe, including the UK.
The rights protected by the Human Rights Act include the right to life, the prohibition of torture and inhuman treatment, protection against slavery and forced labour, and the right to liberty and freedom. For example, the police have a positive duty to protect an individual if they know their life is in danger, and if they fail to do so, they may breach Article 2, which protects the right to life.
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The role of Parliament
The UK has an uncodified constitution, meaning it is not written down in a single document. The three branches of the state are not clearly defined in the UK, and there is no written rulebook on how the state is run. Instead, the UK relies on conventions, or unwritten understandings, about how things should be done.
Parliamentary sovereignty is a key principle of the UK's constitution. It means that Parliament is the supreme legal authority and has ultimate power. This includes the power to make and unmake any law and to overrule the decisions of lower courts. No Parliament can pass laws that bind future Parliaments, and each Parliament is as powerful as the ones before and after it. This means that Parliament can pass laws that are not compatible with the Human Rights Act, as the Act does not limit parliamentary sovereignty. However, if a court decides that a law passed by Parliament breaches the Human Rights Act, it can issue a Declaration of Incompatibility. It is then Parliament's responsibility to decide whether to change the law.
The UK's Human Rights Act is an important part of ensuring that no one, including the Government, is above the law. The Act puts legal duties on the state to respect, protect, and fulfil the fundamental human rights outlined in the European Convention on Human Rights. These rights include the right to respect for private and family life, liberty, and freedom from inhumane treatment and discrimination.
The principle of the rule of law, which states that no one is above the law, has a long history. It can be traced back to ancient Greek philosophers such as Aristotle and Plato, who argued for rule by the best men or a benevolent monarchy ruled by a philosopher king. The idea was further developed by Scottish theologian Samuel Rutherford, who used it to argue against the divine right of kings, and by British jurist A. V. Dicey in the 19th century.
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The monarchy
The United Kingdom is a constitutional monarchy, meaning that the monarch acts as a non-party political ceremonial head of state under the constitution. The UK's monarch has limited powers and is subject to the laws enacted by Parliament and the constraints of convention and precedent.
Technically, the monarch has authority over the government, but in practice, their role is limited to functions such as bestowing honours and appointing the prime minister. The monarch's formal powers are typically delegated to ministers or officers of the Crown, or other public bodies. The royal prerogative includes the powers to appoint and dismiss ministers, regulate the civil service, issue passports, declare war, make peace, direct the actions of the military, and negotiate and ratify treaties, alliances, and international agreements. The monarch is also the Head of the Armed Forces and can veto any law passed by the Northern Ireland Assembly if deemed unconstitutional by the Secretary of State for Northern Ireland.
Historically, the monarch had more power and could veto legislation. For example, Queen Anne was the last monarch to veto an Act of Parliament in 1708. Over time, the monarch's influence on the choice of prime minister has declined, and since 1708, royal assent has always been granted to bills passed by Parliament.
While the UK's constitution affords the monarch substantial, if limited, legislative and executive powers, the monarchy is still subject to certain laws and conventions. The monarch is also the Supreme Governor of the Church of England and is subject to the laws that restrict the throne to Protestants.
In summary, while the monarchy has formal powers and is the head of state, their role is largely ceremonial and regulated by the constitution and parliamentary laws. The UK's monarchy does not appear to be above the law, but rather operates within the constraints of the country's political and legal systems.
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The rule of law
The concept of the rule of law has been traced back to 4th-century BC Athens, where it was seen as either the dominant value of Athenian democracy or held in conjunction with popular sovereignty. The idea of the rule of law is often regarded as a modern iteration of the ideas of ancient Greek philosophers, who argued that the best form of government was rule by the best men. Aristotle wrote that "It is more proper that law should govern than any one of the citizens".
The Human Rights Act is an essential part of the rule of law in the UK. It takes 16 fundamental human rights from the European Convention on Human Rights and enacts them into UK law. This means that individuals can challenge the government and hold it accountable to its legal duties to respect, protect, and fulfil citizens' rights. The Human Rights Act helps ensure that no one, including the government, is above the law.
While the rule of law asserts that no one is above the law, there are nuances and exceptions. For example, the UK monarch is technically above the law, but it is expected that they will follow the law, as per tradition. This unwritten convention demonstrates the complex interplay between legal principles and societal expectations in the UK's uncodified constitution.
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Frequently asked questions
No, in the UK, no one is above the law. The rule of law is a principle that ensures that every individual and entity, whether public or private, including the state, is subject to the law.
The rule of law is a political situation in which laws are created and enforced by the government, ensuring that no individual or group of persons rule arbitrarily.
Parliamentary sovereignty means that Parliament is the supreme legal authority in the UK. This means that Parliament has the ultimate authority to pass laws and can change any laws passed by previous Parliaments. However, the Human Rights Act, which is an essential part of the rule of law in the UK, provides a check on parliamentary sovereignty by ensuring that the state respects, protects, and fulfils the fundamental human rights outlined in the Act.
The concept of the rule of law has been traced back to 4th-century BC Athens by some scholars, who saw it as either the dominant value of Athenian democracy or held in conjunction with popular sovereignty. However, this view has been challenged, and the present consensus is that the rule of law was not the predominant consideration of the Athenian legal system. The idea of the rule of law has also been associated with ancient Greek philosophers like Aristotle and Plato, who argued for a form of government where the best men ruled.
Yes, during the Roman Empire, the sovereign was personally immune from legal consequences (legibus solutus), but those with grievances could sue the treasury. In China during the 3rd century BC, the school of legalism promoted "rule by law," placing aristocrats and the emperor above the law, while the Huang-Lao school of Daoism advocated for a natural law that applied to even the ruler.
