Rule of Law Flashcards
What is the rule of law there for?
For the law to fairly be applied and enforced- supports democracy and no one is above the law
What are the principles of the rule of law?
No person sanctioned except in accordance
Equality and no discrimination
Fairness and clarity
What are Diceys elements of law?
Absence of arbitrary power
Everyone must be equal before the law
The law must be supreme
What does absence of arbitrary power mean?
The states power must be controlled by the law and it limits and challenges decisions eg. delegated legislation
What does it mean that everyone is equal before the law?
No matter how rich you are you shouldn’t be above the law
What is an issue with everyone being equal above the law?
Not ascertainable as good representation is expensive
What does it mean by the law must be supreme?
Laws must be made through legislation but can also be made through judicial decisions creating precedent
What does Ray say the law should do to ensure authority? (3 points)
Certain and ascertainable
No retrospective effect
Stable and not change frequently
What must law making be?
Open and fair
Passed through both houses and go through the legislative process
Why do we have the legal system?
So the system is free from corruption and people can resolve disputes
System is trusted and recognised
Accessible and affordable
How does the ROL relate to criminal law?
Protects people and maximum sentence means everyone is treated fairly eg. Brown and Lock
How does the ROL relate to tort law?
Occupiers liability 1984- trespassers can claim compensation upholding equality
