Rule of Law

Question 1

Broad terms of Rule of Law?

Answer 1

1. No person shall be sanctioned expect in accordance with the law
2. Equality before law - no discrimination in any group
3. Fairness and clarity of the law.

Question 2

How does the rule of law safeguard against dictatorship?

Answer 2

• The gov & the officials are accountable under the law.
• No blank of gov can exercise unlimited power
• There are checks and balance, including independent judiciary to maintain these principles.

Question 3

What does A.V. DICEY say?

Answer 3

1. Absence of arbitrary power of state - states power must be controlled by law.
2. Everyone equal before the law
3. Law must be supreme

Question 4

What is Law Making?

Answer 4

An Act of Parliament can only become a law if it’s passed by both Houses. Debate and vote on every Act passed.

Question 5

What is delegated legislation?

Answer 5

Delegate powers to secondary bodies to make regulations.

Question 6

What is the judiciary?

Answer 6

Gives power to prevent arbitrary power by gov officials.

Question 7

Civil and Rule of law?

Answer 7

Anyone can initiate a case to the civil courts if their rights have been infringed.

Question 8

Criminal and rule of law?

Answer 8

No one can be imprisoned without a trial.

Question 9

Civil and substantive law?

Answer 9

Emergency service and public services are held accountable- showing equality (Robinson)

Question 10

Criminal law and Substantive law?

Answer 10

Aim of criminal law is to maintain order and keep society safe.