United Kingdom’s oral
constitution emphasizes that law is above all. It needs to be applied in a way
that it affects all and does not favor or disfavor a particular individual or a
group. An expert on the matter is A. V. Dicey and he has stated that a
government should be of law and not of men. According to Locke, it is oppression
on the other side of the law. Therefore, rule of law is very important for the
governing bodies as well. [4] [5]:
No One Is ‘Above' The Law
The law is made to be executed by
not only public but by the officials e.g. ministers, law assistants, professors
and other members of the society. No one is above the law means that all the
members must obey the rules and regulations for sustainability of society and
the norms. The law is enforced by the administrative persons and the judicial
system. However, in the UK it is of real concern that how law is imposed on how
members are implementing the law. (Amnesty.org.uk, 2018)
Most of the authority of the
Prime Minister and other ministers are privileged for the Royal members, which
is not under the eye of Judiciary
To make or unmake nay law in the country
is the concern of parliament due to its autonomous position.
Those who are privileged have no restrictions
legal or other, which mean they can say whatever they want to in the
parliament.
The Queen is not subjected to the
law because she is the head of the legal system.
These aspects show the meaning of
“no one is above the law”. The point to be noted is that they are not illegal
actions and cannot be impeached as illegal.
2) Equality before the Law
When a law is made, it is for all
the people. It does not favor anyone. Everyone has to respect the law equally
and everyone is equal in the light of law. All citizens are equally treated
under the law. Everyone must have equal legal rights and the law within the
reach of every citizen.
There must not be any biasness based
on color, gender, power, religion, wealth, social status and social or official
position. The court must treat every citizen in the same manner. However, the
concern has been shown that how the principles are applied in UK (Plato.stanford.edu, 2016).
Cost wise legal disputes cases
are very expensive and only rich people or upper class people can afford it.
For Middle class people who have
low income is very hard to get access to legal help in time of need.
Due to limited education and
narrow backgrounds, some judges tend to develop biasness against women, or
ethnic minorities and religious biasness can also be seen.
The Law Is Always Applied.
Many of the time people try to
solve issues other than legal practice. All disputes and clashes should be
solved by the help of law. Sometimes law cannot apply to some issues but it
should be made easier to access the law. If someone do not abide by the law
must face the punishment. It means that there must be a punishment for a
person, community or group of people who tend to break the law. People should
be penalized only through to process of law.
However, there is a deep concern
in UK that how and to what extent the law is applied in UK. Many of the cases
or crimes are not reported and not legally directed.
Speeding offences, signal
breaking and other traffic laws; when broken are not detected because of the
limited police resources.
People might be punished out of
the legal way of proceedings or even if they are released through ‘Trial by the
media
The courts offer legal redress.
People should be capable of
protecting themselves through law if any person, organization or community
breaches them. They must stand up for their rights with the help of law. In
view of many legal experts and officials, it is understood that fundamental
rights of human beings are protected by the law. If a law can safeguard and
provide security to people than it is valuable and becomes an important element
of law. However, concerns have been showed about how and to what extent law is
applied in UK.
For the protection of human
fundamental rights, no law is being established.
If the parliament wants to set
aside The Human Rights Act, it can.
It is very time-consuming and
expensive to access to European Court of Human Rights
Judge’s Independence
The main difference between
liberal democratic countries and authoritarian countries is that judges are
meant to be non-political and non-partial that is they must not show negative
criticism and favoritism. The courts are the instrument of the state .In the Soviet
Union judges applied ‘social legality ‘
,during the 1930s in particular. People (opponents of regime) were exposed and
punishes through show trial. The authority of the law is supposed to be
non-political in liberal democracies in contrast to authoritarian regime. This
is because law is always interpreted by the non-political and non-partial
judges who do not do any kind of favoritism.
Human rights law:
In 1998, an Up law was passed
called as Human Rights act according to which people can defend themselves in
the court and constrains public organizations, government, police and local
councils to treat every citizen equally and fair with dignity and strength. The
Human Rights Act protects all the members of the society rich or poor, old or
young. People used this law to uphold their social status and strengthen their
rights in the society and get justice when they need. (Amnesty.org.uk, 2018)
Personal liberty
In Human Rights Act, the article no five
explains the right of liberty and security of citizen. It protects your freedom with accordance to
law. No one can be imprisoned or detained unless and until a law allows to and
then onwards a proper procedure is being followed like imprisonment of the
criminals.
It ensures personal safety along with personal
freedom from irrational custody.
People cannot be detained without any solid
reason and this is their right of freedom
If, at some point in life, you are arrested
the Human Rights Act provides you the following rights:
You must be given the reason that
why you have been arrested and what are the charges you face in the language
you understand easily.
You must be escort to the court
immediately.
Your temporary release while the
court process is continued is subjected to different conditions
The trial must take place in a
reasonable time.
You can go to the court to
challenge why you are detained if you think it is not according to the law.
You get compensation if you are wrongly
and unlawfully detained
References of Law above all
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[4]
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Plato.stanford.edu,
"The Rule of Law," 22 June 2016. [Online]. Available:
https://plato.stanford.edu/entries/rule-of-law/.
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[5]
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Amnesty.org.uk,
"Eight reasons why the Human Rights Act makes the UK a better
place," 8 October 2018. [Online]. Available:
https://www.amnesty.org.uk/eight-reasons-why-human-rights-act-has-made-uk-better-place-british-bill-of-rights.
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