The Rule of law Flashcards
What does the rule of law mean? 3
No person shall be sanctioned except in accordance with the law
All shall be equal before the law
There shall be fairness and clarity of the law
How is the rule of law a safeguard against dictatorships? 3
The government and its officials are accountable under law
No single branch of government can exercise unlimited power
Checks and balances to maintain principles (independent judiciary)
A.V Dicey’s view of rule of law? 1
Absence of arbitrary power on the part of the state: controlled by law and challenged by judicial review
A.V Dicey’s view of rule of law? 2
Equality before the law: no one is above law regardless of their power
A.V Dicey’s view of rule of law? 3
Supremacy of Ordinary law: Such as common-law made by judges and not the state
F.A. von Hayek’s opinion of rule of law?
Felt law was diluted as, providing actions of the state are permitted by an Act of Parliament, anything in accordance with this is lawful. Also regulating economic activity is conflicting with rule of law
Joseph Raz principles? 1
Clear rules and procedures for making laws
Joseph Raz principles? 2
The independence of the judiciary must be guaranteed
Joseph Raz principles? 3
Principles of natural justice should be observed; requiring an open and fair hearing with all parties given the chance to put their case
Joseph Raz principles? 4
Courts should have the power to review the way in which other principles are implemented.
How does the rule of law affect law making?
The process by which laws are made must be open and fair
Why does law making have to go through so many debates and votes and other checks?
To ensure no element of the state is exercising arbitrary power.
How does the rule of law effect delegation?
They must pass an act
Parliament can scrutinise those regulations
Regulations can be challenged in court through judicial review - Ultra vires
What does independence of judiciary ensure?
That judges can prevent arbitrary use of power and resolve disputes fairly.
How does procedural law link with the rule of law? 4
Every defendant has right to a fair trial
Independence of judiciary guarantees freedom of judges from influence
Trial by jury
Not imprisoned without a trial
