1- The Rule of Law

Question 1

What is the rule of law?

Answer 1

Principle under which all persons, institutions and entities are subject to laws that are clear, publicized, stable and just, are applied evenly and protect human rights.
The process by which they are enacted, administered and enforced is accessible, fair and efficient, and justice is delivered by competent, ethical and independent representatives that reflect the makeup of the communities they serve.

Question 2

4 key points of the rule of law

Answer 2

1. There is equality before the law
2. No person shall be sanctioned except in accordance
   with the law
3. There must be no discrimination on any grounds
4. There must be fairness and clarity of the law

Question 3

What is the Magna Carta?

Answer 3

Charter of English liberties granted by King John in 1215 that provided the foundation for individual rights in the Anglo-American legal system.
It established the principle that everyone is subject to the law, even the King, and guaranteed rights of individuals, the right to justice, and the right to a fair trial.

Question 4

Academic views on the rule of law

Answer 4

DICEY’S ELEMENTS
Best explanation of the rule of law given by Professor A.V. Dicey.
He held that there were 3 elements that created 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.

Question 5

Substantive vs Procedural law

Answer 5

SUBSTANTIVE: Governs how people are expected to behave according to accepted social norms. It governs how guilt or innocence is to be determined as well as how new crimes are charged and punished.
PROCEDURAL: Governs how court proceedings are conducted.