Procedural or Substantive?

Procedural:
Procedures are conducted fairly and justly, that the exercise of government and public power is properly regulated.

Entick, where the executive requires legal authority to act - need to identify precise legal source of powers.
M v Home Office: Deportation of asylum seeker before judicial proceedings complete was a violation of legal procedure by HS - executive cannot act in contempt of court;
Belmarsh: Indefinite detention of terrorist suspects was contrary to R of L - requirement of trial;
IRC v Rossminster: Wide discretion accorded to Inland Revenue officers to enter and search premises where 'reasonable ground' for suspecting fraud)

Substantive:
The rule of law embraces a substantive concept through the evaluation of laws according to fundamental constitutional principles which include the protection of individual freedoms:

Belmarsh;
Simms, the blanket ban on interviews of prisoners denied them a fundamental right of gaining access to justice;
IRC - Lord Scarman commenting on the 'inroad on the individual's right of privacy').

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	Copied by fruitylotty . about 7 years ago

Law Note on Constitutional and Administrative Law: Parliamentary Sovereignty and the Rule of Law (1), created by fruitylotty . on 26/11/2017.