The Rule of Law: The Cornerstone of the English Legal System and Society
Introduction
The rule of law governs the modern English legal system. The fundamental idea of the rule of law, which is considered the basis of modern democracies, can be traced back to the Magna Carta of 1250. This document established that everyone, including the king, must follow the law (Biernat, 2020). This, in turn, makes the rule of law the primary source of all English laws, starting from common law to equity law.
Parington (2021) argues that the Rule of Law is a vital component of the English legal system, which guarantees that all members and organizations of a society are accountable to the same laws and standards. The rule of law is founded on the principle that every person should receive equal, just, and consistent treatment under the law, without any exemptions. When everyone is held accountable to the same laws and standards, trust in the legal system is promoted, and justice is ensured. Without the rule of law, there is a risk of discrimination, corruption, and abuse of power, which can lead to social unrest and instability. Therefore, this essay will argue that the rule of law is essential for creating a fair and functioning society.
Ensuring Accountability and Fairness Through Legal Mechanisms
Before delving into the role of the rule of law in the English legal system and society, it is essential to understand its definition. According to Austin (2020; 515), “The rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to law that is publicly promulgated, equally enforced and independently”. Given the definition, the rule of law in the English legal system aims to ensure equality regardless of the hierarchy of the social structure. This definition, therefore, subjects every person to be law-abiding, including the throne of the monarchy. However, the reality shows that some parties can still mitigate the concept of fairness and justice of the rule of law with legal immunity.
The English legal system places great importance on accountability, which the rule of law upholds. This framework ensures that individuals and organizations, including those in positions of authority, are held responsible for their actions. It is crucial to have a legal system that can hold such individuals accountable to prevent the abuse of power and promote the common good. A prime example of the significance of the rule of law in enforcing accountability is the case of Miller and the Prime Minister. This case involved a legal challenge against the Prime Minister’s advice to the Queen to prorogue Parliament for an unusually long period, which the claimants argued was unlawful and prevented them from exercising their constitutional rights without reasonable justification.
The Supreme Court ultimately determined that the advice was unlawful, emphasizing that no individual is above the law and that all are subject to its authority. This case illustrates that the accountability enforced by the rule of law ensures that no one can act beyond the legal boundaries and that those in positions of power cannot operate outside the law. It is a fundamental principle of a just and fair society that promotes transparency, fairness, and the common good.
Benefits and Challenges of the Rule of Law in Practice
While some critics argue that the rule of law can limit government efficiency by adding restrictions, its importance in ensuring fairness outweighs potential drawbacks. Pech (2022) notes that the rule of law may require strict protocol adherence, even if it is not the most practical approach. However, without the rule of law, there is a higher likelihood of misconduct, corruption, and abuse of power by those in control (Ingraham, 2022). The rule of law is a critical component of the English legal system, as it promotes transparency and accountability and provides a basis for holding individuals and states accountable for their actions. While there may be some negative impacts, the considerable benefits of the rule of law far outweigh any potential limitations on government efficiency (LĂŒhrmann et al., 2019).
Furthermore, the primary objective of the rule of law is to establish fairness in the English legal system by ensuring that every individual is treated equally, regardless of their social status or background. This principle was exemplified in the case of R v Nunn [2016], which demonstrated the impartiality of the rule of law. The Criminal Cases Review Commission reviews cases where the defendant claims to have been wrongly or unfairly convicted of murder. In this case, the defendant was granted the right to appeal, and the Criminal Cases Review Commission investigated the alleged injustice, ultimately resulting in a fair trial where the defendant was found innocent. This case illustrates the integrity of the rule of law, which states that all individuals are given the right to appeal regardless of their criminal record.
Flexibility, Limitations, and the Future of the Rule of Law
Although the rule of law ensures that all individuals are subject to it, one could argue that the rule of law might create a backlash, and it’s not always in favor of the individual. For instance, it can restrict the freedom and the rights of the individual, as happened during the COVID-19 pandemic. The English government has implemented extreme measures restricting individuals’ freedom, such as lockdowns and mandatory vaccinations (Gostin, Moon, Meier, 2020). This measure created a conflict with the rule of law. This created a dilemma where the rule of law conflicts with itself by holding the individual’s rights.
Nevertheless, it is essential to understand that rules can have exceptions, and in the case of the rule of law, the exception was the COVID-19 pandemic. The exception to the rule of law during the COVID-19 pandemic was primarily determined by the common good, which aimed to protect public health and prevent the spread of the virus. However, there may be other exceptions to the rule of law in different situations, such as national security or emergencies. It is important to note that while exceptions to the rule of law may be necessary in certain circumstances, they should be limited in scope and duration to avoid potential abuses of power.
As mentioned earlier, the rule of law is beneficial for the English legal system when it comes to ensuring accountability, fairness, and equality in the legal system, as well as stability by maintaining order within the legal system. Establishing a consistent legal framework is one of the most significant benefits of the rule of law. This consistency aids in the promotion of stability, which is crucial to the functioning of a fair and functioning society. A stable and secure legal environment is necessary for legal entities and individuals to operate efficiently and effectively, leading to more certainty in the domestic economy and society (Partington, 2021). The predictability that the rule of law provides benefits individuals and businesses, as it helps them make better decisions and reduces the risk of uncertainty.
However, the rigidity of the rule of law can sometimes lead to restrictions that hinder its ability to adapt to changing circumstances. Although flexibility may be necessary in certain situations, the rule of law may obstruct it by demanding strict adherence to legal rules and protocols (Cotter & Dewhurst, 2019). For example, a court may adhere to strict rules of evidence due to the rule of law, even if there is a compelling reason to do otherwise (Ingraham, 2022). This can reduce the effectiveness and efficiency of the English legal system, leading to unfair results. Despite these limitations, the rule of law is essential to preserving stability and ensuring that each individual and entity is treated fairly in the English legal system (Closa, 2019).
The criticisms of the rule of law focus on the practicality of the principle, as it is an artificial rule that may need updating for each period. Furthermore, some argue that the rule of law is an ideal rather than a reality, as the legal system does not continuously operate fairly and impartially. However, it is essential to note that these criticisms are directed at the implementation of the rule of law rather than the principle itself. The rule of law is a fundamental concept that keeps the English legal system secure and steady, establishing a set of laws and regulations that are clear and uniform to all individuals and legal entities.
Conclusion
In conclusion, the rule of law is an essential and fundamental principle in the English legal system that promotes fairness, equality, and stability. Although it has its limitations and criticisms, the rule of law is essential to preserving the functioning of a fair society. It ensures that all individuals and entities are held accountable and subject to the law, promoting predictability and reducing societal uncertainty. While the rule of law may need updating for each period, it is a crucial concept that helps improve society by ensuring that justice is served fairly and impartially.
List of References
Austin, L.M., 2020. The rule of law, in: The Oxford Handbook of the New Private Law. Oxford University Press, pp. 513â527.
Gostin, L.O., Moon, S. and Meier, B.M., 2020. Reimagining global health governance in the age of COVID-19. American Journal of Public Health, 110(11), pp.1615-1619.
Biernat, T. (2020) âOn the lawmaking policy, discretion and importance of the Rule of Law standardsâ, StudiaIuridicaLublinensia, 29(3), pp. 67-85.
Closa, C. (2019) âThe politics of guarding the Treaties: Commission scrutiny of rule of law complianceâ, Journal of European Public Policy, 26(5), pp. 696-716.
Ingraham, B.L. (2022) Political crime in Europe: a comparative study of France, Germany, and England. California: University of California Press.
Partington, M. (2021) Introduction to the English legal system. Oxford: Oxford University Press.
Cotter, J. and Dewhurst, E. (2019) âLessons from Roman law: EU law in England and Wales after Brexitâ, The Law Teacher, 53(2), pp. 173-188.
LĂŒhrmann, A., Grahn, S., Morgan, R., Pillai, S. and Lindberg, S.I. (2019) âState of the world 2018: democracy facing global challengesâ, Democratization, 26(6), pp. 895-915.
Pech, L. (2022) âThe rule of law as a well-established and well-defined principle of EU lawâ, Hague Journal on the Rule of Law, 14, pp. 1-32.