1-The Nature of Law 2-Rule of Law Flashcards
Twining and Miers definition of a rule
‘a general norm, mandating or guiding conduct’
‘a general norm mandating or guiding conduct’
To whom is this quote attributed?
Twining and Miers
Tony Honore’s definition of the rule of law
‘rule of law exists when a government’s powers are limited by law and citizens have a core of rights that the government is bound to uphold’
‘rule of law exists when a government’s powers are limited by law and citizens have a core of rights that the government is bound to uphold’
To whom is this quote attributed?
Tony Honore
What were Dicey’s elements to the rule of law?
1) An absence of arbitrary power on the part of the state
2) equality before the law
3) supremacy of ordinary law
1) An absence of arbitrary power on the part of the state
2) equality before the law
3) supremacy of ordinary law
To whom are these points attributed?
To what concept are they in reference to?
Prof. AV Dicey
The rule of law
What are some problems with Dicey’s views on the rule of law?
1) Parliamentary supremacy contradicts the 3rd rule
2) Parliament could grant arbitrary powers to the state if it wishes
3) Ideally law should be equal, but in practical terms it may not be
What key point is made by Joseph Raz regarding the rule of law?
Independence of judiciary must be guaranteed
Independence of judiciary must be guaranteed
To whom can this principle regarding the rule of law be attributed?
Joseph Raz
Which statute supports the principle of independence of judiciary must be guaranteed?
s3(1) Constitutional Reform Act 2005
s3(1) Constitutional Reform Act 2005
Supports the principle that the independence of the judiciary must be guaranteed
