Rule Of Law Flashcards
What is the first concept of the rule of law?
No person shall be sanctioned except in accordance with the law; in both criminal and civil cases
What is the second concept of the rule of law?
There is equality before the law; there must be no discrimination on any grounds
What does Professor A.V. Dicey day about the second concept of the rule of law?
No person must be above the law. It does not matter how rich or powerful a person is, the law must deal with them in the same way as it would anyone else
What is the third concept of the rule of law?
There must be fairness and clarity of the law
What does Dicey say about the third concept of the rule of law?
The state’s power must be controlled by the law by setting limits on what it can and can’t do. For example, decisions by government ministers can be challenged by judicial review and independence of the judiciary must be guaranteed
What is the purpose of the rule of law?
To act as a safeguard against dictatorship as government officials can be held accountable for their actions and it supports democracy
How does the rule of law apply to law making?
The prices by which laws are made must be open and fair. Statutes have to be passed by both Houses of Parliament or delegated legislation which hold regulations so that they are kept fair
How does the rule of law apply to the criminal justice system?
Every defendant must have a fair trial, trial by jury maintains fairness and protects citizen’s rights
How does the rule of law apply to the civil justice system?
Ordinary people need to be able to resolve their disputes effectively so the system remains impartial, accessible and affordable
How does the rule of law apply to substantive law?
Substantive law defines people’s rights and responsibilities. It is important that the rules recognise the people have key rights and that laws are not oppressive
How does the rule of law apply to substantive criminal law?
Aimed at protecting people and property. Regulatory offences prevent pollution and ensure road safety. For all offences the law has to be clear and the prosecution have to prove that D committed the offence
How does the rule of law apply to substantive tort law?
Aimed at protecting people and their property and give the right to claim compensation for damage caused by breaches of the law
How does the rule of law apply to substantive contract law?
People should be free to make what agreements they wish. It recognises that consumers may have very little choice when making contracts with businesses. In order for more equality, contract law provides some rights for consumers e.g the quality must be fit for purpose
