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rule of law in other common law systems?

I'm doing a public law essay on the rule of law vs PS (kind of) in the UK and thought it would be interesting to compare to another country, but upon research I can't seem to find a country to compare the UK to. I’d there another system whereby the judiciary has a significantly lesser or greater scope of power? Am I being daft and missing an obvious option?

(edited 3 years ago)

Reply 1

etakate

Original post by hopeful-lawyer

I'm doing a public law essay on the rule of law in the UK and thought it would be interesting to compare to another country, but upon research I can't seem to find a country that has a significantly stronger or weaker view of the rule of law. Am I being daft and missing an obvious option?

Not entirely relevant but I’m doing my EPQ on a comparison/the advantages of English common law and french civil law. I think French law is quite interesting because it had quite a significant influence on English law! Even down to the language (arester meaning arrest, juge, juree, etc all coming from french!) I’d definitely have a look there if you haven’t already :smile:

Reply 2

EU Yakov

what you're asking is such an odd question. the rule of law is an ideal. countries can't have a "view" of it. they can meet its requirements to a greater or lesser extent.

if you want different "views" on the ROL, you need to be looking at different thinkers-theorists

what's your essay question again

Reply 3

Joleee

the rule of law isn't 'a rule of law' so your question here doesn't make sense. did you read the link i gave you in your other thread on the subject? i fear you don't understand your essay question.

(edited 3 years ago)

Reply 4

EU Yakov

Original post by Joleee

the rule of law isn't 'a rule of law' so your question here doesn't make sense. did you read the link i gave you in your other thread on the subject? i fear you don't understand your essay question.

this is my instinct too. confused as to how someone can get such a simple notion wrong :confused:

Reply 5

hopeful-lawyer

Original post by EU Yakov

Original post by Joleee

the rule of law isn't 'a rule of law' so your question here doesn't make sense. did you read the link i gave you in your other thread on the subject? i fear you don't understand your essay question.

Don’t worry, I assure you I understand I’m just daft and phrased my initial post in the most vague way for no reason!

I’ll be specific now, I always think it’s better to be vague so that people are more likely to give ideas :redface:

Essentially, does anyone know of another common law system in which judges have more or less ‘power’/authority in a way that could be seen as leaning towards political or legal constitutionalism?

In the UK, judges don’t have the power to, for example, override Acts of Parliament but arguably they’ve been developing a greater constitutional role recently - eg even though HRA was given by Parliament it still greatly increased their scope of power in that they can review legislation to make sure its compliant with the ECHR and declare incompatibility if not.

I thought it would be interesting to compare two systems, but I can’t seem to find one significantly different if that makes sense!

Again, sorry for the confusion! I’m going to be more specific from now on :biggrin: