R (Gillan) v Commissioner of Police for the Metropolis [2006] UKHL 12

• The police were given the power to stop and search people in connection with articles on terrorism.

• Two people who were stopped sought judicial review of the authorisation by the minister of the police power and its confirmation.

• The HL dismissed the application on the grounds that it did not represent a loss of liberty except in that they were slightly delayed (they were not kept in custody) and the minister was entitled to authorise the power.

• The right to go about ones business without being stopped unless reasonably suspected of a crime is not absolute: the act conferring these powers on the police provided an exception and did so without breaching any rights under the HRA 1998 NB.

Lord Bingham

• In this case, defined rule of law as the idea that enforcement has to be foreseeable, the courts have to be accessible and the laws have to be capable of guiding human conduct. FORMAL CONCEPTION.

• He also says this is the meaning within the ECHR.

• In this case the rules are available to the public and policeman who abuse them will be open to civil suits.