Rule of law Flashcards
Raz views of the rule of law
- Clear rules and procedures for making laws
- Judicial independence must be guaranteed.
- Principles of natural justice should be observed
- Courts should have the power to review the way in which the other principles are implemented
Diceys 3 elements in the rule of law were?
- An absence of arbitrary power on the part of the state
- Equality before the law
- Supremacy of ordinary law
An absence of arbitrary power of the state short explanation.
States power must be controlled by the law and the law must set limits on what the state can or cannot do.
Equality before the law.
No person must be above the law
Law must be supreme
Today most laws are through legislation whereas it used to be through judicial decisions.
How does A.V. Dicey’s view of law conflict with another fundamental principle?
It conflicts with parliamentary supremacy.
Holds that act of parliament can overrule any other law. Concept holds that no other body has the right to override or set aside an act of parliament.
Another problem to do with equality with A.V. Dicey?
It refers to formal equality. It disregards the differences between people in terms of wealth, power and connections. Real equality can only be achieved if this is addressed.
von Hayek views on rule of law
- Absence of arbitrary power on the part of the state.
- Rule of law weakened by an increasingly interventionist state
- Modern state is directly involved in regulating economic activity in conflict with the rule of law.
In our legislative system, act of parliament have to be passed by?
By Houses of Parliament.
The government can make regulations through?
Statutory instruments
Every defendant in criminal cases has a right to?
a fair trial
What must the system be free of?
Discrimination
Corruption
Civil justice system must be?
Accessible
Affordable
Substantive means?
The law in the different areas of law
For all offences the law must be?
Clear and
Prosecution have to prove that the defendant committed the offence
