PUBLIC LAW L4 - Rule of Law - CHALLENGES TO THE RULE OF LAW Flashcards
What is rule of law in the UK undermined by? (8)
Poorly drafted and inaccessible legislation.
Poorly reasoned and confusing judgements of senior courts.
Unfettered government discretion.
Unequal access to justice.
Inequality before the law.
Arbitrary use of draconian government powers.
Government interference with judicial decision-making.
Automated decision-making.
What would be an example of inaccessible legislation? (1)
Publicly available legislation on the internet is not reliably kept up to date so lay people who do not have access to paid-for resources such as west law are prevented from knowing the current version of law without paying a lawyer.
What would be an example of confusing judgement from senior courts? (1)
When a majority decision prevails but judgements from those who disagree are also written and published.
What would be an example of inequality before the law? (1)
Objective differences justify differentiation such as different laws for children, non-British National has no right of abode and can be deported but a British National has rights to abode and cannot.
What would be an example of arbitrary use of draconian government powers? (1)
The ECHR is the main source of human rights in the UK, the convention rights are part of UK law as they have been incorporated into our domestic legal system.
What would be an example of unequal access to justice? (2)
Cuts to government legal aid budget have made it difficult for criminal defendants and those involved in civil claims to obtain qualified legal representation, leading to increase of self-representing claimants and defendants.
A barrier to justice in civil courts is that starting a case costs money in court fees and there is the risk of defendants fees if claimant loses.
What have the Supreme Court stated in regards to constitutional rights of access to the courts? (3)
It is inherent in the rule of law and people have to have impeded access to them as this is valuable to society as a whole and not just particular individuals involved.
What is an example of government interference with judicial decision-making? (1)
Boris Johnson said that he profoundly disagreed with the supreme courts judgement in Miller No.2.
Why is government interference with judicial decision-making detrimental to ROL? (1)
It is arguably detrimental to ROL for government officials to express views on matters which are outside their constitutional remit.
What are the advantages of automated decision-making? (2)
Speed and saving expenses.
What are the disadvantages of automated decision-making? (1)
Its alignment with ROL is questionable as it undermines the principle of judicial transparency, accessibility and certainty.
How does a lawyer support ROL? (2)
An advocates principal duty is to the court in the administration of justice and not to their individual client. The honesty and integrity of lawyers bolster the integrity of the judiciary and public confidence in the administration of justice.
