What Is An Example Of The Rule Of Law As A Check On The Government's Power?


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An example of the rule of law as a check is the Tameside dispute. In March 1975, the Tameside council drew up plans to convert secondary schools into comprehensives. The proposals were approved by the Secretary of State, but the Conservatives won control of the council a year later and informed the Labour minister that the plans would not be carried out. The High Court ordered the Council to do this, but, the Court of Appeal overruled the decision some months later and the House of Lords approved of the decision.

Another example of parliament making clear the intentions of its legislation was the case of an asylum seeker from Zaire. The individual successfully challenged new regulations which deprived her of benefits, but new legislation outlawing this was passed. However, lawyers involved in the case found a provision in another Act obliging local councils to provide temporary accommodation for people in need and a High Court Judge decided that this law could be used by an asylum seeker.

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