Issues with the rule of law Flashcards

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1
Q

The idea that law and order is better than

A

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.

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2
Q

What should the rule of law reflect

A

morality, values or accepted principles?

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3
Q

What is government according to the rule of law

A

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

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