ABSTRACT
Before assessing the impact that religious bodies have upon the functioning of the rule of law, it is obviously necessary to establish what the term 'rule of law' actually means. This is a challenging task, because as Elliott and Thomas rightly observe, of all of the main constitutional principles, the rule of law is probably the most elusive. Marriage within the established and quasi-established Churches is expressly acknowledged to be a religious matter and the executive and legislature continue to demonstrate concern for the collective rights of the Anglican provinces in England and Wales. Prisons are contexts in which the courts have acknowledged that citizens are especially vulnerable and disempowered, and in which particular vigilance towards their legal rights and due process is required. The Oaths Act 1978 acknowledges that the legal system in England and Wales provides for an oath to be taken on Holy Scripture.
