The Rule of Law Flashcards
1
Q
What is the rule of law?
A
A symbolic idea generally meaning that all people are subject to and accountable to the law. It must be fairly applied and enforced
2
Q
What did Prof. Dicey do?
A
Gave the best analogy of the rule of law with 3 elements
3
Q
What are the 3 elements of the rule of law?
A
- Absence of arbitrary power on the part of the state
- Equality before the law
- Supremacy of ordinary law
4
Q
What is the issue with the Supremacy of ordinary law?
A
It is outdated and replaced with parliamentary law
5
Q
What does Supremacy of ordinary law mean?
A
No one can be punished or deprived of liberty or property except for a breach of law
6
Q
How should law be fair?
A
- Living under rules than chaos
- Predictability
- Ability to challenge courts
- Having a lawyer to represent you
