Rule of Law (Francot‐Timmermans, L., & De Vries, U. (2013) Flashcards

Required Reading

1
Q

What are the three elements that bedner argues are elements of the Rule of law?

A

procedural elements, substantive elements, control mechanisms’

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2
Q

What are the two functions of the rule of law?

A

Protect citezens from the state
Protect citezens from one another

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3
Q

Why are they the two functions of the law?

A

They are functions agreed on in various legal systems

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4
Q

Procedural elements ?

Highlight the bullets

A

How the law works ; principle of legality(clear rules etc) Rule by law ; clarity and legal certainty , Democracy(general consensus

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5
Q

Procedural elements?

BASIC DEFINITION

A

How the law works

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6
Q

Substantive elements?

BASIC DEFINITION

A

What the law contains

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7
Q

substantive law developed?

A

What the law contains, the values, the rights, the pursuit of justice, equality , human rights etc ….

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8
Q

Control Mechanisms

A

Systems that check that the law is being used properly and not being abused/ misused; independant judiciary, oversight bodies

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