Rule Of Law - Theories Of Rule Of Law

Question 1

Who established the 3 main elements?

Answer 1

Professor Dicey

Question 2

What is the first main element under rule of law?

Answer 2

Absence of arbitrary power (control of states power)
- judicial review to limit
- agreed on by Von Hayek

Question 3

What is the second element under theories of rule of law?

Answer 3

2. Equality
   -no one above law
   -difficult in practise

Question 4

What is the third element of the theories of rule of law?

Answer 4

3. Law must be supreme
   - Joseph Raz : “Law should confirm to standards designed to enable it effectively to guide action”
4. Readily accessible to public
5. Not retrospective in effect (r v r)
6. Made by proper procedure