Rule of Law A01 Flashcards
Rule of Law (who and what year)
Dicey 1885 identified 3 key factors that make up the rule of law
What were Dicey’s key 3 factors?
- No punishment without law
- No man is above the law
- judicial decisions protect the rights of citizens
- No punishment without law
Habeas Corpus
- ensures that a person who is arrested or detained has the right to appear before a court or judge to challenge the legality of their detention
- No man is above the law
everyone regardless of their social status, wealth, or position, is subject to the same legal rules and protections
- Judicial decisions protect the rights of citizens
Dicey argued that rights and freedoms of individuals should be protected by the ordinary courts, and not by any special tribunals or arbitrary powers.
Plato
‘the law is the master of the government + the government is it’s slave’
Aristotle
‘the rule of law is preferable to that of any individual’. Laws should serve as an objective standard of justice.
Lord Bingham said the law must be…. (3 things) (case)
- accessible and so far possible, intelligible, clear and predictable
- adequately protect fundamental human rights
- Ministers and public officers must exercise their powers in good faith and none of them is above the law - R (Miller) v The Prime Minister 2019
Entick v Carrington
state doesn’t have arbitrary power
R (Miller) v PM 2019
addressed the legality of the PM’s advice to the queen -subject to judicial review with the prorogation being declared void
Magna Carta 1215
limited the King’s power + formally placed trial by ordeal with trial by peers (juries)
Bushell’s case
jury equity
Woolmington v DPP
presumption of innocence
1953
Joined ECHR - increased protection
ECHR Articles
Article 5 Right to Liberty and Security, Article 6 Right to a Fair Trial
How to structure Rule of Law A01
- Dicey
- Theorists
- Examples where RoL was upheld/enforced
- Historical development of aspects of the English Legal system that uphold the RoL
