Rule of Law

Question 1

Basics (3 Points)

Answer 1

• the rule of law has many definitions based on philosophical and political theories so it is difficult to define definitively
• but, rule of law is the supremacy of law over man (and woman)
• doctrine which concentrates on the role of law in securing correct balance of rights and powers between us and the state in free and civilised societies

Question 2

What is the Rule of Law (3 Points)

Answer 2

• an overreaching, universal law that applies to everyone, including the executive and legislature;
• and, that man-made laws should conform to a higher law, the rule of law
• conclusion = rule of law is often recognised as a way of ensuring the protection of individual rights against government power

Question 3

dicey argued that the rule of law as a practical concept, has three main aspects:

Answer 3

1) no arbitrary (unpredictable) use of power
2) everyone is subject to ordinary law of the land- no one is above the law
3) importance of ‘judge-made’ law in protecting citizen’s rights

Question 4

Entick v Carrington

Answer 4

established the limits of executive power, the state may act lawfully only in manner prescribed by statute or common law

Question 5

R v Horseferry Road Magistrates’ Court, ex parte Bennett

Answer 5

established that the judiciary was responsible for the maintenance of the rule of law (where the executive is concerned) and refuses to support actions that threaten the rule of law

Question 6

Declaration of Delhi 1959

Answer 6

1) a representative government (free and fair elections)
2) respect for basic human rights
3) no retrospective penal laws
4) the ability to bring proceedings against the State
5) the right to a fair trial including the presumption of innocence, legal representation, bail and the right to appeal
6) an independent judiciary
7) adequate control of delegated legislation