rule of law

Question 1

what is the core idea of the rule of law?

Answer 1

government by law
all individuals and public institutions are legally accountable
no one is above the law
everyone is equal before the law

Question 2

what is the core rule of law?

Answer 2

government should not act without legal authority

Question 3

what is the formal rule of law?

Answer 3

law must possess certain formal features if it is to be legitimate. focuses on the process of law making

Question 4

what is the substantive rule of law?

Answer 4

law must possess certain substantive features if it is to be substantive. what the law is, says and does

Question 5

how can equality before the law be limited?

Answer 5

exceptional privileges
immunity regarding parliamentary proceedings - freedom of speech for MPs so there is no prosecution for defamation in the course of parliamentary duties
judicial immunity relating to court proceedings

Question 6

what are the limitations on government by law (authorities cannot act in the absence of lawful authority)

Answer 6

executive may be able to rely on statutes conferring them broad discretion
individuals must show that their legally protected interests have been affected by unauthorised executive power