Rule of Law (Francot‐Timmermans, L., & De Vries, U. (2013) Flashcards
Required Reading
What are the three elements that bedner argues are elements of the Rule of law?
procedural elements, substantive elements, control mechanisms’
What are the two functions of the rule of law?
Protect citezens from the state
Protect citezens from one another
Why are they the two functions of the law?
They are functions agreed on in various legal systems
Procedural elements ?
Highlight the bullets
How the law works ; principle of legality(clear rules etc) Rule by law ; clarity and legal certainty , Democracy(general consensus
Procedural elements?
BASIC DEFINITION
How the law works
Substantive elements?
BASIC DEFINITION
What the law contains
substantive law developed?
What the law contains, the values, the rights, the pursuit of justice, equality , human rights etc ….
Control Mechanisms
Systems that check that the law is being used properly and not being abused/ misused; independant judiciary, oversight bodies