The rule of Law

Question 1

How does the rule of law support democracy?

Answer 1

-gov + gov officials accountable under law
-no unlimited power by one branch
-checks + balances including independent judiciary- to maintain ROL.

Question 2

Who identified 3 key factors as the rule of law?

Answer 2

A.V Dicey

Question 3

What did Dicey identify as the 3 key factors of the rule of law?

Answer 3

1. No punishment without law
2. Equality before the law
3. The law must be supreme.

Question 4

What is meant by no punishment without law?

Answer 4

-states power controlled by law + challenged by judicial review.
-stops wide discressionary powers that evade checks (no arbitrary power)

Question 5

When has the UK not lived up to the principle of no punishment without law?

Answer 5

-U.S planes flying over our territory with kidnapped suspects.

Question 6

What is meant by equality before the law?

Answer 6

-nobody above law regardless of power.
-those who carry out state functions accountable.

Question 7

How has the UK gone against the principle of equality before the law?

Answer 7

-Cutting legal aid- putting those with lower incomes at a disadvantage

Question 8

Which case goes with equality before the law?

Answer 8

Entick V Carrington

Question 9

Entick V Carrington?

Answer 9

-kings messangers broke in and caused 2k of damage looking for anti-monarchy writings.
-no common law- simply not authorised.

Question 10

What is meant by the law must be supreme?

Answer 10

-judicial decisions of the courts protect citizens
-Dicey thought judge made law was fairest system.
-act of settlement 1701- ensures judicial independence.

Question 11

What is also covered under the rule of law?

Answer 11

-the way in which the legal system works.

Question 12

How does the rule of law work in the criminal division?

Answer 12

1. Right to fair trial
2. Independece of judicairy- stops interference
3. Trial by peers (mags/jury)
4. No imprisionment w/o a trial

Question 13

How does the rule of law work in the civil division?

Answer 13

1. Everyone can solve disputes through civil systems
2. free from discrimination + corruption
3. accessible/ affordable

Question 14

What is the aim of criminal law in relation to the rule of law?

Answer 14

• //p1-maintain law and order by creating criminal offences
  -law has to be clear + proof beyond reasonable doubt.
• p2//-when found guilty- punished- aim to protect society (justifies jail)
  -max penalty

Question 15

What is the aim of civil law in relation to the rule of law?

Answer 15

People free to make contracts- protects freedom + power to balence inequality- consumer rights act.