Rule of Law

Question 1

Explain the difference between rules, principles and norms.

Answer 1

A RULE specifies certain conduct (how you act) or procedure e.g. ‘you must wear school uniform’ is a rule (conduct) or ‘if you are absent from school your parent must write a note’ (procedure)

A PRINCIPLE is the underlying reason we have the rule e.g. the old testament principle of ‘love thy neighbour’ forms the basis of the neighbour test in negligence

A NORM is a customary way to behave. It doesn’t always need a rule to go with it as it is an accepted way to act in a particular situation. Society creates norms through socialisation e.g. family values, peer pressure, schooling.

Question 2

Explain what is meant by the rule of law.

Answer 2

• The principle that all people and institutions are subject, and accountable, to law that is fairly applied and enforced
• It is regarded as being a fundamental aspect of any democracy and ensures that governments are legally accountable to the people
• The rule of law has its origins in ancient Greece and the writings of Plato and Aristotle: ‘if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state’ - Plato; The Laws
• Professor Dicey in ‘An Introduction to the Study of the Law of the Constitution’ [1885] identified three important factors which make up the concept known as the rule of law:
  1. No punishment without law
  2. No man is above the law
  3. Judicial decisions of the courts protect the rights of citizens