Issues with the rule of law Flashcards
The idea that law and order is better than
than anarchy- however in a limited sense the rule of law will be able to survive in a military occupation/dicatorship. However constitutionalism and the rule of law can’t thrive unless there is restraints on government. The maintenance of law and order and the existence of political liberty are independent.
What should the rule of law reflect
morality, values or accepted principles?
What is government according to the rule of law
what sanctions are available to ensure that the gov operates in accordance with the rule of law- M v Home Office- Crown does not share monarch’s personal prerogatives
Entice v Carrington- the executive should act in a lawful manner as set out by statute