Rule of Law Flashcards
Rule of law
A system of laws, institutions, norms, and community commitment that aims to achieve accountability, equality, and accessible and impartial justice.
Origins of the English and Welsh legal system
Based on customs, statute law (Acts of Parliament such as the OLA 1957) and common law (rules of precedent such as negligence)
Criminal and Civil Legal Systems
Have different aims, rules and outcomes
Aim of criminal law
Punish wrongdoing
Aim of civil law
Settle disputes between individuals
A.V. Dicey theory
3 elements to the rule of law which ensure a functioning state: an absence of arbitrary power, equality before the law, and supremacy of ordinary (judge-made law)
Lord Bingham
Considered 7 principles which were vital to the rule of law including: law must be accessible/intelligible/clear and predictable, questions of rights and liability should be resolved by the application of law, and the law must provide means to resolve civil disputes
P
The rule of law does continue to have value today as it still holds governments accountable…
This means that no one is above the law, according to Dicey’s rule of law
D
For example, Boris Johnson received a fine for attending a party during the COVID-19 lockdown in June 2020c when he was Prime Minister…
This means that even the Prime Minister is held accountable to the same laws as everyone else, showing the relevance of the rule of law today
E
Furthermore, he received the same fine of £100 as anyone else would for breaking these rules…
This means that the law is applied equally to everyone, no matter who the rule-breaker is
+
However, it could be argued that paying the same fine as everyone else would not be a deterrent for future law-breaking as £100 may not be a large amount to the Prime Minister…
This means that while the rule of law is upheld, he may not feel punished for his actions and therefore not held truly accountable
P
The rule of law also continues to have value today as it focuses on making the legal system accessible to the public…
This means that Lord Bingham’s principle of of the law being accessible, intelligible, clear and predictable is achieved
D
For example, the role of the law commission is to review law and reccomend change…
This means that there are processes to review, amend + make clear the law —> to real change
E
This can be seen through the OLA 1984 which law com report led to change in rights of trespassers…
This means that the law was adapted to social beliefs led by law comm providing value and bringing in more rights
+
However, reports which ensure accessibility do not always get followed by parliament…
This means that areas such as NFOs remain vague + inaccessible w/ archaic language reducing validity of RoL
