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This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
Parliamentary sovereignty means Parliament can make or unmake any law within its practical power to do so, a fact that is usually justified by Parliament upholding other principles, namely the rule of law, democracy, and internationalism. Second, the rule of law has run through the constitution since Magna Carta and the Petition of Right 1628.
The term "rule of law" was popularised by British jurist A. V. Dicey, [11] who viewed the rule of law in common law systems as comprising three principles. First, that government must follow the law that it makes; second, that no one is exempt from the operation of the law and that it applies equally to all; and third, that general rights ...
Goodhart's law is an adage often stated as, "When a measure becomes a target, it ceases to be a good measure". [1] It is named after British economist Charles Goodhart , who is credited with expressing the core idea of the adage in a 1975 article on monetary policy in the United Kingdom: [ 2 ]
Over its history, the British constitutional system had widespread influence around the world on the constitutional governance and legal systems of other countries, propagating the spread of the principles of the rule of law, parliamentary sovereignty and judicial independence. [156] [157] [158] [159]
Some countries were granted independence by an act of the UK parliament (for example, the Statute of Westminster 1931) and have likewise diverged from UK law either under or after British rule. An example at the other end of the spectrum, despite occasional control for geopolitical reasons, British law had little impact on the law of Afghanistan.
LONDON/HONG KONG (Reuters) -The rule of law in Hong Kong is profoundly compromised in areas of the law where the government has strong opinions, a British judge who recently resigned from the top ...
Keith Ewing and Conor Gearty, The Struggle for Civil Liberties: Political Freedom and the Rule of Law in Britain, 1914-1945 (2000) Oxford University Press; General. Conor Gearty, Civil Liberties (2007) Clarendon Law Series, Oxford University Press; David Feldman, Civil Liberties and Human Rights in England and Wales (2002) Oxford University Press