rule of law Flashcards
doctrine of the rule of law
-no person shall be sanctioned except in accordance with the law
-everyone is equal before the law, no discrimination
-must be fairness and clarity of the law
doctrine of ROL and safeguarding against dictatorship
-government and officials are accountable under the law
-no branch of gov can excercise unlimited power
-checks and balances, independent judiciary
diceys view of ROL
must be an absence of arbitary power of the state (law must set limits on what state can do)
-everyone must be equal (no person above the law, financial power, difficult as representation expensive)
-law must be supreme most law legislation but some still through precedent
raz’s key principles
-clear rules and procedures for making law
-independence of judiciary must be guaranteed
-natural justice must be observed
ROL and law making
law making, delegated legislation, judiciary