Rule of Law in Practice

Question 1

what is rule of law in practice?

Answer 1

it considers how the rule of law affects the different areas of law eg.
law making
the legal system
substantive law

Question 2

why is rule of law important when creating new laws?

Answer 2

the law must be open and fair

Question 3

parliament on rule of law and law making

Answer 3

House of Lords has the power to debate and check laws before theyre passed eg. where the HoL has been consistent on voting against a change in the law on jury trials

Question 4

government on rule of law and law making

Answer 4

the government may make delegated legislation which isnt considered by Parliament as a whole but have several checks.

Question 5

rule of law and the legal system (procedural law)

Answer 5

procedural law covers the legal system and how it works eg. criminal systems must have fair trials, so in serious crimes theres a jury. also, no person can be imprisoned without a trial.

Question 6

rule of law and the legal system (civil law)

Answer 6

rule of law is also important in civil law as ordinary ppl need to have access to justice for disputes between them. system should be free from discrimination. law must be free from corruption, however our system isnt always trusted and impartial.

Question 7

criticism of rule of law and the legal system (funding)

Answer 7

funding and access to justice as ordinary ppl may not be able to afford a big legal case and representation. government has cut funds for legal aids resulting in rule of law ‘collapsing’

Question 8

rule of law and substantive law

Answer 8

this means rule of law must be upheld through all areas of law.
in criminal law, laws must be clear, prosecution has to prove the defendant carried out the defense rather than the other way around. also, offences have a maximum penalty and judges cant exceed this maximum.

Question 9

rule of law in contract law

Answer 9

allows ppl to enter agreements/ contracts if they wish
big businesses have upper hand and principles of contract protect the consumer (Consumer Protection Act)
Consumer Rights Act 2015 replaces Sale of Good Act- statutory rights

Question 10

rule of law in tort law

Answer 10

protects ppl and their property, gives right to compensation for damage caused when the law is broken.
the person who was harmed brings their claim.
public funding tor tort claims is no longer available which doesnt uphold equality before the law.