Legality and the Rule of Law Quiz
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Questions and Answers

What is the main issue associated with the bare legality conception of law?

  • It requires laws to be enacted by public referendum.
  • It allows for the recognition of immoral laws. (correct)
  • It restricts the powers of government officials excessively.
  • It demands uniformity in all legal systems.

    • In Entick v Carrington, what was determined about the authority of the minister who issued the warrant?

  • The minister had constitutional authority for the warrant.
  • The minister’s actions were justified due to public safety concerns.
  • The warrant was illegal and ineffective due to lack of legal authorization. (correct)
  • The minister acted within the bounds of common law.

    • What was the legal principle involved in the Malone v Metropolitan Police Commissioner case?

  • The necessity for positive legal authorisation for government actions.
  • The protection of privacy rights under common law.
  • The acceptance of government surveillance unless a legal right is violated. (correct)
  • The requirement for obtaining a warrant for any form of monitoring.

    • What was the outcome of the R (Jackson) v AG regarding the ban on fox hunting?

    <p>The court stated a proper statutory authority was needed for the ban.</p> Signup and view all the answers

    What legal issue was highlighted in R (Unison) v Lord Chancellor regarding Employment Tribunals?

    <p>The Lord Chancellor exceeded his legal powers in setting the fees.</p> Signup and view all the answers

    What does the prerogative of mercy imply about the rule of law?

    <p>It is justiciable and can result in posthumous conditional pardons.</p> Signup and view all the answers

    According to Raz, what is one important characteristic of law?

    <p>It must guide human conduct and be adjudicated fairly.</p> Signup and view all the answers

    What concern is raised about the narrow conception of the rule of law?

    <p>It promotes an ideal legal system that denies human rights.</p> Signup and view all the answers

    What does the substantive conception of the rule of law include in addition to formal elements?

    <p>Principles such as the right to a fair hearing and freedom of expression.</p> Signup and view all the answers

    What role does the rule of law play in the absence of a codified constitution, particularly in the UK?

    <p>It increases the likelihood of disagreements on its application.</p> Signup and view all the answers

    What criticism does Elliot provide regarding the concept of legality?

    <p>It lacks real legal relevance and often becomes mere rhetoric.</p> Signup and view all the answers

    What does Maheshwari imply about the relationship between legal frameworks and individual rights?

    <p>A legal framework without respect for rights is ultimately ineffective.</p> Signup and view all the answers

    According to Lord Bingham, how should a state that represses its people be viewed in relation to the rule of law?

    <p>It should be deemed as violating the fundamental principles of the rule of law.</p> Signup and view all the answers

    What is considered essential for legal rules to serve a broader conception of the rule of law?

    <p>They must respect human rights and promote equality.</p> Signup and view all the answers

    What does Raz propose regarding the moral aspect of law within the principle of legality?

    <p>A legal system devoid of moral principles loses significance.</p> Signup and view all the answers

    Study Notes

    Legality and the Rule of Law

    • Bare Legality: Law's validity hinges solely on its enactment by authorized bodies. Morally neutral; doesn't consider the law's substance or coherence. Examples include Entick v Carrington, where a warrant lacking legal basis was deemed invalid, and Malone v Metropolitan Police Commissioner, where no right to privacy was recognised.
    • Problem with Bare Legality: Doesn't prevent incoherent, impossible, or deeply immoral laws (e.g., slavery). Criticised by Raz and Elliott for lacking practical or legal meaning, becoming a rhetorical device.
    • Entick v Carrington (1765): Government officials who break into a house without legal warrant are subject to ordinary law. Government officials can't create their own powers; Parliament does that.
    • Malone v Metropolitan Police Commissioner: Government didn't act unlawfully by listening to phone calls (no law prohibiting it at that time).
    • R (Jackson) v AG: Ban on fox hunting violated proper statutory authority.
    • R (Unison) v Lord Chancellor: Introduction of unaffordable fees for Employment Tribunals violated legal power.
    • Bentley: Case regarding posthumous pardon highlighting that the rule of law extends beyond mere legality to fairness and equality.

    Formal Conception of the Rule of Law

    • Beyond Bare Legality: Basic legality requirements are insufficient; laws must have certain characteristics (like clarity, stability, no retroactivity). The law is a tool for good or ill, following neutral rules.
    • Raz's Formal Conception: Emphasizes law's guidance, consistent adjudication, clarity, stability, no retroactivity, access to justice, fair hearing, and judicial review. This is a narrow conception, distinguishing it from other political values.
    • Problems with Formal Conception: Is it truly morally neutral? Is legal certainty meaningful without considering its justification in respect to treating people as rational beings? Can't account for all moral or political values.
    • Formal v Substantive Emphasis: There might be differences in emphasis, although law doesn't comply with the rule of law, doesn't mean it isn't objectionable.

    Rule of Law, Legitimacy, and Unwritten Constitution

    • Role of the RoL in the UK: More crucial due to the lack of a codified constitution.
    • Substantive Conception: Courts enforce fundamental rights (fair hearing, freedom of expression, legal advice). Emphases equality and includes all elements of the formal conception plus extra values.
    • Bingham on Substantive Conception: A state that represses people can't claim to observe the rule of law even with detailed laws. Compliance with fundamental human rights is necessary.
    • Allan's View: Equal societies establish rules respecting the dignity of individuals. Rules must be justifiable and consistent with citizens' self-respect.
    • Problems with Substantive Conception: Distinguishing "ordinary" from "fundamental" rights, and disagreement about specific applications.

    Elements of the Rule of Law

    • Basic Rights and the Role of Courts: Courts play a crucial role in enforcing fundamental rights and upholding the rule of law.

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    Description

    Test your understanding of key legal principles surrounding bare legality and the rule of law. Explore landmark cases such as Entick v Carrington and Malone v Metropolitan Police Commissioner that illustrate the tension between law and morality. Challenge yourself with questions that assess your grasp of legal validity and its implications.

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