Rule of law

Question 1

What is the main principle of the rule of law?

Answer 1

All people are subject to and accountable to law that is fairly and equally applied.

Question 2

What is the rule of law a safe guard against?

Answer 2

Dictatorship

Question 3

What are Dicey’s elements in the rule of law?

Answer 3

An absence of arbitrary power on the part of the state
Equality before the law
Supremacy of ordinary law

Question 4

What are the problems with Dicey’s rule of law?

Answer 4

Contradicts parliamentary sovereignty and only refers to formal equality

Question 5

What are von Hayek’s views on the rule of law?

Answer 5

The absence of any arbitrary power on the part of the state.
Rule of law weakened by an increasingly interventionist state.
Modern state is directly involved in regulating economic activity in conflict with the rule of law.

Question 6

What are Raz’s views on the rule of law?

Answer 6

Clear rules and procedures for making laws.
Judicial independence must be guaranteed.
Principles of natural justice should be observed.
Courts should have the power to review the way in which the other principles are implemented.

Question 7

What statute recognised the rule of law and the importance of the independence of the judiciary?

Answer 7

The Constitutional Reform Act 2005