The Rule of Law Flashcards
Rule of Law
no one is above the law, everyone is subject to the law
Law
a set of rules/system that should be followed
Precedent
decisions made by senior judges in the Higher Court about matters arising for the first time
Equity
fairness, allows there to be the fairest outcome
parliament and statute laws
the government must uphold the law, role models and influnce
Statutory interpretation
where senior judges have to interpret the meaning of statute laws
british/UK law
follow common law and statute laws
other country laws
civil law - all written down, no binding laws
Lord Bingham
- law must be accessible and apply
to all - ministers/public officers must use their power in gd faith
- adjudicative (formal judgement on a dispute)
civil justice system
system must be free from discrimination/impartial (no corruption)
Substantive law
the law in different areas of law
- highly important in contract law, lays down rules
Criminal law
laws to protect people such as murder, manslaughter and non-fatal offences
- prevents disruptive behaviour
Law of tort
aimed at protecting people and their property
- gives right to claim compensation for damage
Albert Dicey
wrote the law of constitution
-UK constitution comes from common law, statute laws, convention (evolved traditions)
Constitution
set of rules laying out how a country should be goverened
Arbitrary
doing whatever without and explanation
Judicial review
any citizen can take the gov to court if they think the gov is acting above its authority
a problem with Dicey is Parliamentary Sovereignty
where parliament can make up any rule they please
Von Hayek
agreed with Dicey, considered economical view more
-individuals should have max freedom to set up their business without the involvement of the gov
-gov where gaining too much power/authority
Joseph Raz
agreed with Dicey, wanted to simplify
-should be clear rules/procedures
-independence of judiciary
-open and fair hearing
everyone should understand the law
