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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.
The most broadly accepted meaning of the rule of law, advocated by Lord Bingham, includes the principle of legality, human rights and commitment to democracy and international law. [100] The rule of law also requires law is truly enforced, though enforcement bodies may have room for discretion.
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
The British constitution is the source of the modern concepts of the rule of law, parliamentary sovereignty and judicial independence and adoption of British constitutional principles propagated their spread around the world.
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
The phrase Fundamental Laws of England has often been used by those opposing particular legislative, royal or religious initiatives.. For example, in 1641 the House of Commons of England protested that the Roman Catholic Church was "subverting the fundamental laws of England and Ireland", [3] part of a campaign ending in 1649 with the beheading of King Charles I.
The Union Jack, in addition to being the flag of the United Kingdom, also serves as one of the most potent symbols of Britishness. [1]British national identity is a term referring to the sense of national identity, as embodied in the shared and characteristic culture, languages and traditions, [2] of the British people.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.