Rule Of Law Flashcards
What is the rule of law?
The rule of law is a system of laws, institutions, norms and community commitment to achieve equality, accountability, accessible and impartial justice
What are the types of laws within the English legal system?
There are customs, common law and statute law
What is the aim of civil law?
To uphold the rights if individuals and ensure they are properly compensated
What are the aims of criminal law?
To maintain law and order and protect society against crime
What did dicey believe about the government?
The government must operate within the law, so members of society should be punished by the state if they have broken the law
What did dicey believe about equality?
Equality should be before the law despite anyone’s gender, race or social class
What did dicey believe about judges?
Judges not government should make the final decision on the limits of our liberty
What did Bingham believe about the law?
The law should be accessible, and so clear and predictable
What did Bingham believe about the courts?
Questions of the law should be resolved through court rather than arbitrary decision making
What did Bingham believe about resolving means?
Means must be provided for resolving without delay or cost
