Rule of Law A03 Flashcards
Areas to talk about
-habeas corpus
-no man is above the law
-judicial decisions of the courts protect the rights of the citizens
-important developments
- importance of RoL (conclusion)
Habeas Corpus +P1(statute)
ensures no arbitrary detainment by monarch, state or police - enforced by PACE 1984 and codes of practice to safeguard all members of society equally
Habeas Corpus +DP1 Police go beyond their powers…….
can be challenged through appeals or judicial review → upholds SoP and if decisions don’t align with RoL these can be challenged = fair
-WDP1 Habeas corpus - undermined in modern day……
Guantanamo bay 2001 - 2009 suspected terrorists detained without charge → extremely problematic violates Article 5
+P2: Entick v Carrington no man is above the law…
crucial in providing a framework for justice preventing abitrary rule or abuse of power
+DP2: Sense of equality in the law which….
creates fairness and trust in the legal system with no individual being preferable over it - Aristotle
+WDP2: Magna Carta protects individuals used to limit the power of the Monarch….
ensures no abuse creating protection and fairness
+P3: Dicey emphasised judicial precedent…….
upholds RoL by rectifying parliamentary errors - equality and fairness for df and future cases - law more clear and predictable
+DP3: Miller v PM - law holds judges accountable for decisions…
upholds RoL - judicial decisions can be scrutinised (judicial review) - ensure they are doing their job fairly and reasonably
+WDP3: Re:Pinnochet highlighted the importance of judicial independence and upholds RoL
(judge having affiliations to pressure group - brought in a new panel of judges) judges should be impartial, if not → held accountable = fair
+P4: Woolmington v DPP - presumption of innocence…
upholds RoL creates equality, ensures Art 6 fair trial, safeguards dfs
+DP4: Burden of proof on the prosecution in criminal trials upholds RoL…
however for insanity and diminished this is on the df which seems unfair - justified as it would be unreasonable for judges having to establish sanity in every case
+WDP4: Both the dfs and prosecution can appeal a case decision upholds RoL
allows challenge and to go through appeals structure → allows mistakes to be rectified, promotes accountability
Importance of Rule of Law (conclusion)
-essential in modern day → ensures fairness, accountability and justice in the legal system
-Bingham → not just merely written in statutes but should be upheld in the application of these laws - promotes fairness, justice and adequately protects human rights
