3 - Rule Of Law Flashcards
What is the rule of lazy
The principle that all those exercising a governmental function should be subject to legal controls
How does the rule of law affect the executive
Acts as a restraint, they can only exercise powers which have been granted to them by law and must perform this in accordance with legal rules
What is the ideology behind procedural rule of law
Laws must adhere to procedural requirement, must be prospective and clear so individuals can be certain of the legality of their actions
What did Joseph Raz believe about procedural rule of law
Laws must be prospective, clear and open, relatively stable, courts must be easily accessible and an independent judiciary
What is the idea behind substantive rule of law
There must be some substantive elements in addition to the procedural requirements
What did lord bingham day about substantive rule of law
Law must accommodate and respect fundamental rights and freedoms
What were Diceys three meanings behind rule of law:
- Supremacy of regular law over arbitrary power
- equality before the law
- No higher law other than the rights of individuals as determined through the courts
Ginghams 8 sub rules on the rule of law
Law should be accessible, clear and predictable
Legal issues solved through legal processes
Equality
Protect human rights
Access to justice without delay or expense
Public officials exercise power in good faith
Legal processes should be fair
The state should comply with obligations under international law
What are the four key principles of rule of law
- Legal justification for state action
- Laws must be sufficiently clear
- Control over discretionary power
- Equality before the law
Entick v carrington 1765?
-state issued a warrant as suspicions over Entick publishing seditious material
Entick claimed this was trespassing but carrington said the warrant legally justified it. The court concluded there was no statute or common law to issue such warrant
What is judicial deference
Where the judiciary defer to the executive in certain matters as they believe some matters are more appropriate for the executive, which is elected to decide than the judiciary
Liversidge v Anderson?
Home Secretary imprisoned liversidge without trial due to the defence regulations. The courts upheld the Home Secretary as they believed they had hostile intentions
5 ways the law is not equal
Powers of the monarch
Certain officials have been granted special powers
Judges in higher courts are immune from civil litigation acts done in their jurisdiction
Parliamentary privilege
Diplomatic immunity
