Law and society

Question 1

What is Pluralism?

Answer 1

A form of society in which the members of minority groups maintain their independent cultural traditions.

Question 2

What is the pneumonic for Lord Bingham’s 8 principles regarding the rule of law?

Answer 2

ACISEHAP

Question 3

What does the pneumonic ‘ACISEHAP’ refer to?

Answer 3

Lord Bingham’s 8 principles regarding the rule of law.

Question 4

What are the 8 principles Lord Bingham identified regarding the rule of law that subsequently affect the role of law in society?

Answer 4

1) Abide-State must abide by domestic and intrntl. law.
2) Crimes-people only punished for crimes set out in law.
3) Infringement-of rights is question of law, not discretion
4) Scrutiny-Law must be clear and public scrutiny permitted
5) Equality-All people treated equally
6) Human rights-must be respected
7) Accessible-Courts must be accessible
8) Provisions-the means for dispute resolution must be provided for disputes thus far unresolved.

Question 5

When considering the balance of interest, what three questions can be considered?

Answer 5

1) Interests-What interests can be identified?
2) Conflict-What is the conflict between these interests?
3) Legal mechanism-by which the conflict is mediated?

Question 6

Name 4 legal mechanisms by which conflict is mediated.

Answer 6

A) Implying-terms in contracts through CRA (2015)
B) Regulating-legal effectiveness of exclusion clauses not covered in CRA (2015)
C) Contracts (Rights of Third Parties) Act 1999
D) Judicial creativity-with respect to remedies.

Question 7

What are the three primary roles that law plays? (As supported by Lord Bingham’s 8 principles of the rule of law)

Answer 7

1) To protect people from harm.
2) To ensure a common good.
3) To settle arguments and disputes.