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Public Law > Rule of Law > Flashcards

Rule of Law Flashcards

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1
Q

Griffith

Skeptiks

A

Means towards an end

Fantasy of liberals

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2
Q

Loughlin

Skeptiks

A

Slogan

Ruling involves action

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3
Q

Evans 2015

A

Charles correspondence - no reasonable ground for AG non compliance
Presume not to legislate against RoL

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4
Q

M v Home Office 1994

A

Ignored order to return asylum seeker

Have coercive power - otherwise ‘executive obey laws as matter of grace and not as matter of necessity’

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5
Q

Burmah Oil 1965

A

Compensate war destroyed property

Valid use of PP but obligation

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6
Q

Ex P Pierson 1998

A

Retrospective minim sentence

Ambiguity = presumed not to invade common law rights

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7
Q

Davis

A

Witness Hidden - No

Crim Evidence Act 2008

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8
Q

Dicey

A

No man punishable except for distinct breach of established law- constitution pervaded by RoL + no man above it

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9
Q

Jennings

A

Rights as consequences of laws

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10
Q

Raz

CONTENT FREE

A

Political Constitutionalism

Formal Equality

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11
Q

Dworkin

Content Rich

A

Activist judiciary + Substantive Justice

HERCULES

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12
Q

Fuller

CONTENT RICH

A

Legal Constitutionalism

Internal Morality

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13
Q

Laws

Content Rich

A

Higher order law

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14
Q

Anatole France

A

‘forbids the rich and the poor alike to sleep under bridges’

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15
Q

Craig

A

‘if you wish to argue about the justness of society do so by all means… not necessary or desirable to cloak the conclusion in the mantle of RoL’

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16
Q

Bingham

A 
Accessible, Intelligible
No discretion
Apply equally
UV
Protect fundamental rights
Means for resolving conflict
Compliance Int'l Law
17
Q

Entick v Carrington

A

‘If it is law, it will be found in our books…silence of the books is an authority against the D’

18
Q

Obiter in Jackson

A

‘The classic account given by D… can now be seen to be out of place in the modern UK …the SoP is still the general principle of our const…the judges created this principle’

HOPE: ‘PS, is no longer, if it ever was, absolute,…the RoL enforced by courts is the ultimate controlling factor on which our constitution is based’

19
Q

Constitutional Reform Act 2005

A

Modify role of Lord Chancellor

‘does not adversely affect …existing constitutional principle of RoL’

20
Q

Malone v MPC

A

Telephone Tapping
Megarry: ‘not a country where everything is forbidden except what is expressly permitted’

GEARTY: courts attack not exercise of arbitrary power but violation of established prop rights

No common law right of privacy

Public Law (12 decks)

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