3: Rule of Law

Question 1

Rule of Law will not be upheld unless there is:

Answer 1

• Fairness
• Equality
• Liberty

Question 2

What does the Rule of Law enforce?

Answer 2

• It ensures that the law is certain and predictable
  -Allows access to justice for everyone
• People can challenge authority’s decision

Question 3

What does Montesquieu’s theory of separation of powers state?

Answer 3

• There are 3 arms/functions enforcing the seperation of powers:
  1. Legislature - Parliament makes the law
  2. Executive - Government agree and discuss the law
  3. Judiciary - Judges apply the law in court

Question 4

What does Montesquieu’s theory allow/prevent?

Answer 4

• Prevents unfairness and bias
• Allows balance of powers
• upholds rule of law to protect the public

Question 5

What are Dicey’s 3 elements to rule of law?

Answer 5

1. No man is punishable except when breach in law
2. No one is above the law
3. Judge-made laws