Nature of law

Question 1

what is the rule of law

Answer 1

all people should follow & be subjected to law
should be equally applied
should be predictable
accessible to all
-this safeguards against dictatorships & supports democracy

Question 2

the rule of law and law making

Answer 2

process of making law is fair and open
all acts go through HoC/HoL to debate on issues
parliament scrutinises and checks regulations

Question 3

the rule of law and the english legal system

Answer 3

all d in criminal trials must have a fair trial, trial by jury is a way to maintain fairness & citizens rights
judges can only make decisons based on the law
no one can be imprisoned w/o trial

Question 4

the rule of law and substantive law

Answer 4

criminal law defines all offences so they’re clear
all offences have maximum penalties & courts can’t impose higher
tort law sets out what rights/responsibilities people owe to each other in every day life

Question 5

what are 2 sources of law

Answer 5

statute law, created by parliament e.g dangerous dogs act 1991
case law, developed by judges through judicial decisions & precedent e.g donoghue v stevenson