Identifying a breach of the Rule of Law
You now understand that the Rule of Law is not as easy to define as you may have thought. Lord Bingham’s detailed, substantive approach is the approach that is most popular with the UK courts, up to and including the Supreme Court (pictured).
In practice, however, identifying a breach of the Rule of Law is usually based on instinct – if conduct by a public body (and as you will see, we are primarily looking at the conduct of public bodies when addressing the Rule of Law) appears unfair and unreasonable it may well amount to a breach of the Rule of Law.
We have set out an exercise for you to attempt next, looking at what should be fairly obvious breaches of the Rule of Law – have a go at the exercise and see how many breaches you correctly identify.
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