Rule of law Flashcards
Define the principle of the rule of law.
All persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect in the future and publicly administered in the courts.
What is the legality principle?
The presumption when interpreting statutes is that Parliament cannot be seen to have intended to restrict important rights and freedoms unless this is made clear.
What are the three key principles from A.V Dicey’s interpretation of the rule of law?
No one is above the law: Everyone is subject to the law, regardless of rank or condition.
Supremacy of law: The law takes precedence over arbitrary or discretionary power.
Equality before the law: All people are equally subject to the law, which is administered by ordinary courts.
What is the Padfield principle?
For the exercise of discretion to be lawful, it must not frustrate the policy or purpose of the statute which contains the discretionary power.
How is the rule of law undermined in the UK?
Poorly drafted and inaccessible legislation
Confusing judgments of the Senior Courts
Unfettered government discretion
Unequal access to justice
Inequality before the law
