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homework help law rule of law

i have thsi question critcally analyse the contested relationship between rule of law and notion of human rights. so far i have just wrote about how Raz felt that the rule of law is morally neutral what else do i need to do and is critcally analyse literally looking at all sides of the arguement
(edited 11 years ago)
Original post by simonbo
i have thsi question critcally analyse the contested relationship between rule of law and notion of human rights. so far i have just wrote about how Raz felt that the rule of law is morally neutral what else do i need to do and is critcally analyse literally looking at all sides of the arguement


Have you considered all the cases that revolve around this issue? Discuss the development of them and I imagine they want you to discuss how the HRA 1998 changed it. Here's a few cases to look at:

R (Purdy) v Director of Public Prosecutions (2008)
Entick v Carrington (1765)
Malone v Metro Commissioner (1979) and contrast with its appeal - Malone v UK (1984)
M v Home Office (1993)

State security vs human rights is a good topic to consider. Again a few cases to discuss include Belmarsh, JJ (2007), MB (2007), AF (2009), AP (2010)

Other academics you might want to look at are Fuller, Hart and Dicey.
Reply 2
Original post by lattywatty
Have you considered all the cases that revolve around this issue? Discuss the development of them and I imagine they want you to discuss how the HRA 1998 changed it. Here's a few cases to look at:

R (Purdy) v Director of Public Prosecutions (2008)
Entick v Carrington (1765)
Malone v Metro Commissioner (1979) and contrast with its appeal - Malone v UK (1984)
M v Home Office (1993)

State security vs human rights is a good topic to consider. Again a few cases to discuss include Belmarsh, JJ (2007), MB (2007), AF (2009), AP (2010)

Other academics you might want to look at are Fuller, Hart and Dicey.



i spoke about how raz beilves that the rule of law doesnt go with morailty and how even dictatorship countries follow the rule of law i said what dicey beilieved and also that lord bigham was against raz, i spoke about how the thin and thick theories of the rule of law clash on the issue of marailty and the rule of law is that correct? i was the going on to how how more cases now with the human rights act have undermined the rule of law such as a v secretary of state, is this correct realy stuck on this one
Original post by simonbo
i spoke about how raz beilves that the rule of law doesnt go with morailty and how even dictatorship countries follow the rule of law i said what dicey beilieved and also that lord bigham was against raz, i spoke about how the thin and thick theories of the rule of law clash on the issue of marailty and the rule of law is that correct? i was the going on to how how more cases now with the human rights act have undermined the rule of law such as a v secretary of state, is this correct realy stuck on this one


Yeah that all sounds great. Make sure you're using a lot of cases though; it's great to talk about theory but studying Law is all about the application of it so see if you can find cases that support or contradict some of the critic's theories.

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