The rule of law

Question 1

Von Hayek view of the rule of law?

Answer 1

1) an absence of arbitrary power on the part of the state
2) rule of law weakens by an increasingly interventionist state
3) modern state is directly involved in regulating economic activity in conflict with the rule of law

Question 2

What 3 elements does dicey argue that create the rule of law?

Answer 2

1) an absence of arbitrary power
2) equality before the law
3) supremacy of ordinary law

Question 3

What is the main principle of the rule of law?

Answer 3

That all people are subject to and accountable to law that is fairly applied and enforced.

Question 4

What is Raz’s view of the rule of law?

Answer 4

1) clear rules and procedures for making laws
2) judicial independence must be guaranteed
3) principles of natural justice should be observed
4) courts should have the power to review the way in which the other principles are implemented

Question 5

What is important when considering the rule of law and law making?

Answer 5

• the process by that laws are made must be open and fair
• acts of parliament have to be passed by both houses
• house of lords exercises checks on the law making progress

Question 6

What is important when considering the rule of law and the legal system?

Answer 6

• every defendant must have a fair trial
• no person can be imprisoned without a trial
• system should be free of discrimination and corruption
• cjs should be accessible and affordable

Question 7

What is important when considering the rule of law and substantive law?

Answer 7

• rules recognise that people have key rights and the laws are not oppressive
• law has to be clear
• people should be free to make what agreements they wish