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Public Law / Constitutional and Administrative Law Essay - “Even Withstanding Recent Anti-Terror And Related Legislation That Have Restricted Individuals’ Civil Liberties, The Rule Of Law Is As Strong As Ever Within The United Kingdom Constitution” Discus$5.31
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BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Public Law
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Public Law / Constitutional and Administrative Law Essay - “Even Withstanding Recent Anti-Terror And Related Legislation That Have Restricted Individuals’ Civil Liberties, The Rule Of Law Is As Strong As Ever Within The United Kingdom Constitution” Discus
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Public Law
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BPP University College Of Professional Studies Limited (BPP)
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Studies in Constitutional Law
Public Law/Constitutional and Administrative Law essay title: “Even Withstanding Recent Anti-Terror And Related Legislation That Have Restricted Individuals’ Civil Liberties, The Rule Of Law Is As Strong As Ever Within The United Kingdom Constitution” Discuss. This particular assignment requi...
BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Public Law
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Public Law Assignment (outline answer and annotated bibliography)
“Even withstanding recent anti-terror and related legislation that have restricted
individuals’ civil liberties, the rule of law is as strong as ever within the United
Kingdom constitution” Discuss.
It has been suggested that although recent anti-terror and related legislation have
restricted individuals’ civil liberties, it has made no impact on the rule of law; it still
remains as strong as ever within the United Kingdom constitution. Even though there
are some theorists who would give their full support to this view, there are some who
would go against this concept, claiming that the rule of law is in actual fact
deteriorating. In order to examine this proposition, it is necessary to consider and to
weigh up the various interpretations given by leading theorists on the definition of the
rule of law in order to measure the extent to which this statement is true.
Due to terrorist attacks in New York and Washington in America on September 2001
and in London on July 2005, it has prompted the British government to tighten the
law by introducing new legislations such as the Terrorism Act 2006 with the view that
it would help fight against terrorism. 1 This has led to the question of whether the
status of the rule of law has changed since there has been a widely held view that
the basic concept of the rule of law was to guarantee the protection of individuals’
civil liberties and to limit governmental power. 2 Since these new anti-terrorism
legislations appear to tighten national and state security, it would give the impression
to some that a restriction has been placed on our civil liberties, which might prevent
an individual or a particular group of people from enjoying their freedom to the
utmost, which consequently leads to the suggestion that the rule of law is not as
strong as it would like to be viewed as.3
1
The Terrorism Act 2006 cited in Barnett, H. Constitutional & Administrative Law 6th Edition (London:
Cavendish Publishing, 2004) at p. 714 - “The Act introduces new criminal offences in relation to terrorism, it
amends the definition of terrorism and extends the period of detention and makes other miscellaneous changes
to the law”
2
The Universal Declaration of Human Rights of the United Nations, 1948 as cited in Barnett, H. Constitutional
& Administrative Law 6th Edition (London: Cavendish Publishing, 2004) at p. 91 "human rights should be
protected by the rule of law" and also refer to Dicey's third element of the rule of law at Dicey , 1885, pp188,
193, 195m respectively as cited in Barnett, H. Constitutional & Administrative Law 6th Edition (London:
Cavendish Publishing, 2004) that “the general principles of the constitutional (as, for example, the right to
personal liberty, or right of public meeting) are with us"
3
Lord Goldsmith, ‘Government and the rule of law in the modern age’ [2006] Timesonline at
http://www.timesonline.co.uk/article/0,,200-2056979,00.html accessed on 10 November 2006. “The great
challenge for free and democratic states is how to balance the need to protect individual rights with the
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