rule of law Flashcards

1
Q

doctrine of the rule of law

A

-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

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2
Q

doctrine of ROL and safeguarding against dictatorship

A

-government and officials are accountable under the law
-no branch of gov can excercise unlimited power
-checks and balances, independent judiciary

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3
Q

diceys view of ROL

A

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

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4
Q

raz’s key principles

A

-clear rules and procedures for making law
-independence of judiciary must be guaranteed
-natural justice must be observed

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5
Q

ROL and law making

A

law making, delegated legislation, judiciary

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