The importance of the rule of law Flashcards

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1
Q

What must the process in which laws are made be

A

Open and fair

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2
Q

What is one area that the lords have consistently voted against

A

Allowing trial in the crown court without a jury

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3
Q

What must parliament do to make statutory instrument

A

Pass an act granting a government minister power

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4
Q

What do parliament have the power to do to statutory instruments

A

Scrutinise and check them

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5
Q

Where can delegated legislation be challenged

A

In court through the process of judicial review

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6
Q

What must every defendant in a criminal case have

A

A fair trial

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7
Q

What is trial by jury important for

A

Maintaining fairness and protecting citizens rights

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8
Q

When can a person not be imprisoned

A

If they haven’t had a fair trial

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9
Q

What should the civil justice system be free from

A

Discrimination, corruption and influence of public officials

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10
Q

What is the legal system recognised for

A

Being impartial

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11
Q

What is a debate within the civil justice system

A

There have been major cuts to public funding of cases, while the costs of taking a civil case has increased

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12
Q

What has there been an increase in

A

Cheaper alternative ways of resolving civil disputes

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13
Q

What is substantive law

A

The law in the different areas of law

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14
Q

What does the substantive law of criminal law set out

A

Definitions of each offence

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15
Q

What does the substantive law of tort set out

A

What rights and responsibilities people owe each other

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16
Q

What does the substantive law of contract set out

A

The rules on issues such as when a contract is formed, what will make the contract void or breached

17
Q

What does the substantive law of human rights set out

A

The various rights that individuals are entitled to expect

18
Q

What are criminal laws aimed at

A

Protecting people

19
Q

What are other offences aimed at

A

Protecting a persons property or preventing disruptive behaviour

20
Q

What do regulatory offences aim to do

A

Prevent pollution, ensure food is fit for consumption and driving offences

21
Q

What do all offences have

A

A stated maximum penalty

22
Q

What sentence do the courts usually impose

A

One lower than the maximum allowed

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30
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