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Deadline
06 October 2007
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Description
Address these points in the essay:
1. What is the rule of law? Is it a legal rule or a constitutional rule? (It can be considered both but please continue the essay after that on the basis that it is political).
As a political rather than a legal principle, how is the rule of law incompatible with legislative sovereignty? You'll need to explain what legislative sovereignty is.
Parliamentary supermacy co-exists with constitutional conventions that require Parliament to comply with many principles of political morality, including the rule of law. This is not the focus but should be mentioned. The focus is whether the rule of law requires that legislative power be subject to legal (judicially enforceable) limits. Was Dicey inconsistent as he adhered to two (conflicting) set of principles?
These sources are not essential but it would be a great advantage if you could analyse them.
T R S Allan - Law, Liberty and Justice: The Legal Foundations of British Constitutionalism (oxford, Clarendon Press, 1993) See page 16.
G de Q Walker, The Rule of Law, Foundation of Constitutional Democracy (Melbourne, Melbourne University Press, 1988) see p.159
Other comments:
Essay should be analytical rather than descriptive. Some background is required i.e. what is the rule of law, what is parliamentary sovereignty, how do the principles clash. But the majority of word count must be spent answering the question.