Definition of the rule of law Flashcards
What are the main principles of the rule of law
All people are subject to and accountable to law that is fairly applied and enforced, and the process by which the laws of the country are enacted, administered and enforced must be fair
How is the rule of law sovereign
No one can be above the law
What is the rule of law a safeguard against
Dictatorship
Who is also accountable under the law
The government and its officials
How is authority distributed
In a manner that ensures that no single organ of government can exercise power in an unchecked way
What did dicey think about the rule of law
Thought it distinguished English law from law in other European countries
What were the three elements of law proposed by dicey
An absence of arbitrary power on the part of the state, equality before the law, supremacy of ordinary law
What is meant by an absence of arbitrary power of the state
The states power must be controlled by the law
What must the law set limits on
What the state can and can’t do
How can government ministers actions be challenged
In court by judicial review
What is one of the main aims of the rule of law
To avoid the state having wide discretionary powers
What did dicey recommend be avoided
Discretion exercised in an arbitrary way
When was ‘the law must be supreme’ particularly true
When the main developments up to that time were through judicial decisions rather than being created by parliament
What is meant by everyone must be equal before the law
No one should be above the law not matter how rich or powerful a person is
What major fundamental principle does diceys views conflict with
Parliamentary sovereignty
