Rule of Law - Paper 3

Question 1

What are the three main strands of the rule of law?

Answer 1

1) No person shall be sanctioned except in accordance with the law

2) There is equality under the law, there must be no discrimination of any group

3) There must be fairness and clarity in the law

Question 2

How does the rule of law safeguard against dictatorship?

Answer 2

1) The government and its officials are accountable under the law

2) No branch of government can exercise unlimited power

3) There are checks and balances, including an independent judiciary, to maintain these principles

Question 3

What was Dicey’s three strands of the rule of law?

Answer 3

1) The absence of arbitrary power of the state

2) Everyone must be equal before the law

3) The law must be supreme

Question 4

How is the rule of law linked to law making?

Answer 4

An Act of Parliament can only become law if it is passed by both Houses of Parliament, which ensures no element of the state is exercising arbitrary power

Question 5

How is the rule of law linked to delegated legislation?

Answer 5

Parliament can delegate powers to secondary bodies to make regulations, but Parliament must pass an Act granting the power to make these regulations

Question 6

How is the rule of law linked to the judiciary?

Answer 6

The independence of the judiciary also gives judges the power to prevent or restrict arbitrary power by government officials