Law And Society ๐ Flashcards
What is society?๏ฟผ
A group of people with common territory interaction and culture๏ฟผ
What is the rule of law?
Fundamental principle in legal systems worldwide
What does the rule of law ensure?
Law governs a society rather than arbitrary will of individual or rulers
What does the rule of law guarantee?
Guarantees justice, human rights and fairness - forming the back bone of Democratic societies and preventing misuse of power
What is the rule of law?
Core principles for underpinning justice and human rights
What does the of law ensure?
No man is above the Law - Dicey
What are the three principles of the rule of law?
No punishment without law-
No man above the law
Judicial decisions protecting the rights of citizens
What is under no punishment without law?
What cannot happen to a person ?
no person can be punished for an act unless it is prohibited by law
Prevents arbitrary punishment
Individual cannot be penalised for actions that are not specifically outlawed
What does no man is above the law mean?
What does this avoid?
No man, regardless of status is above the law
avoids the abuse power it shows everybodyโs held accountable
What did Dicey emphasise under judicial decisions protecting the rights of citizens?
What do courts play a vital role in?
Judicial decision should protect individuals rights
Courts play viral and safeguard citizens freedom
by making sure government acts comply with the law and do not infringe rights
What are the 2 origins of the rule of law?
Aristotle
Plato
What did Aristotle believe?
What should laws be grounded on?
rule of law is essential for maintaining justice
Laws Should govern
Laws should be grounded in reason and common good
Promote fairness and prevent arbitrary rule
What did Plato in the Republic argue?
Law should reflect the best interest of society
Law is necessary for political stability
What did the ancient ideas of plato and Aristotle lay?
Laid the ground works for the development, legal and political philosophy and rule of law
What are the two influences on the rule of law in other countries?
The American Bill of Rights - critical role in of Bill of Rights
The French declaration of the rights of man and the citizen
How does the Bill of Rights echo the rules of law?
Guaranteed freedom of speech right to a fair trial and protection against unlawful detention
What was the French decoration of the rights of man influenced by?
What did it affirm the rule as?
Enlightenment through French Revolution
as a fundamental principle
The rule as an expression of general will
No man shall be above the law is reflected through this
What case studies are up held by the rule of law?
Entick v Carrington - government actions must be legally justified - ensuring no one is above the law
What are the eight principles of the concepts of rule of law?
Human rights
equality before law
Fair trials
Dispute resolution
Law must be accessible
Law not discretion
Power exercised fairly
National and international
What explains the modern concepts of the rule of law?
Tom Binghamโs book on the rule of Law
Whatโs do human rights law ensure?
Put the rights are protected from arbitrary influence
Gives us ability to challenge violations in court
What does equality before law guarantee?
What does this prevent?
everybody, regardless of power status as a wealth is subject to the
law
Prevents discrimination and shows justice is applied fairly and consistently
What is the rule of law under fair trials guarantee?
What does this ensure?
That everyone is Entitled to fair trial before an impartial court
Issues that justice to serve that everyone is free from bias and external influences
What does dispute resolution under the rule of law guarantee?
A framework for resolving disputes fairly - rather through violent arbitrary decision-making
What is tied closely to the rule of law and protects individuals rights in Europe? when was this adopted?
ECHR - 1950โs
What are the two articles that link the ECHR and rule of law together?
What does it ensure?
Article 5 right to liberty - prevents individuals from having an arbitrary arrest -
ensures that deprivation of liberty is based on lawful authority
Article 6 - right to a fair by independent impartial tribunal
- rule of law ensures that it is up held by legal proceedings
What are the seven evaluation points?
No punishment without law
no man is above the law
judicial decisions protecting the rights of citizens
Origin of the rule law
influence on other countries
Modern relevance
Links to the ECHR
Where has no punishment without law being critical in the development of?
What does this ensure?
Due process protections in many countries
No one could be subject to arbitrary or retrospective punishment
Habeus Corpus - no detention without authorisation
Guantanamo Bay - 2001-9
What is the fact that no manner is above the law? What is it a cornerstone for?
Cases?
modern democracies - limiting executive power and ensuring government accountability
(R (Miller) v The Prime Minister) - applies to the monarch - Magna Carta
(The case of proclamations )
What does Diceyโs 3rd principle emphasise under judicial decisions protecting the right citizens?
What is the judiciary responsible for?
Case?
Court in safeguarding rights
Courts comply with constitutional principles - protecting citizens from actions actions against the state
(Entick v Carrington)
What did the origins of the rule of law lay the ground work for?
Later developments in Western legal thought
