Rule of law Flashcards
Why is the rule of law needed in society ?
It is in place to safeguard the legal system from dictatorship in favour of democracy
What are the 3 principles of the rule of law ?
No one shall be sanctioned accept in accordance with the law
There must be equality before the law
There must be fairness and clarity before the law
What is the relation between ROL & Law making ?
The HOL has power to debate and check laws before they are passed
What is the relation between ROL & the ELS ?
The idea that ordinary people must have access to justice for disputes between themselves, meaning the system is free from discrimination
How does the ROL link to substantive law ?
Laws should be clear and the prosecution has to prove the defendant carried out the offence and not the other way around
What are the 3 parts of dicey’s theory ?
For the rule of law to exist there must be:
An absence of arbitrary power on the part of the state
Equality before the law
Supremacy of ordinary law
What did Lon Fuller say about the rule of law ?
He emphasised the concept of the “inner morality of law” saying the legal system must meet certain criteria
What does Hayek say about the rule of law ?
He discusses the rule of law in limiting government power, laws must be general, predictable, and apply equally to all
