Subscriber-only episode

The rule of law stands as a fundamental principle of the British constitution, but its practical application reveals fascinating tensions with parliamentary sovereignty. When examining historic definitions from A.V. Dicey alongside modern legal cases, we discover how this principle both protects individual rights and faces significant challenges.
• Judicial review serves as a crucial check on government power by allowing challenges to executive actions
• The jury system represents a "bulwark of liberties" where citizens are judged by their peers
• Rules of evidence like the Turnbull Guidelines ensure fair trials through standardized procedures
• Landmark cases like Entick v Carrington established limits on government authority, even royal power
• The Malone case revealed how rights can be violated through legal gaps, not just through bad laws
• R v R (marital rape) raised questions about changing laws to reflect modern values versus rule of law principles
• Parliamentary sovereignty presents a paradox as both a democratic principle and potential threat to rule of law
• Non-justiciability in matters of "high policy" creates areas where legal oversight may be limited
Join us for the next lecture in this public law series as we continue exploring constitutional principles.
💡⚖️ Let’s learn the law together—one session at a time!