The Rule of Law

Question 1

Idea of law

Answer 1

• symbolic
• safeguard against dictatorship
• supports democracy

Question 2

Meaning in broad terms

Answer 2

• no one sanctioned except in accordance with the law
• all equal before the law
• fairness and clarity of the law

Question 3

AV Dicey

Answer 3

Absence of arbitrary power from the state - state’s power is controlled by the law. For example Boris Johnson - parliament to force through Brexit - not possible. The Supreme Court held that he had broken the law and that Brexit had to be agreed by all of Parliament not just the government.

Everyone equal under the law - does not matter if you are rich or a powerful person, the law must deal with a person in the same way. Prince Andrew faced civil actions for his sexual behaviour with a minor. Royal family do not pay any inheritance tax. Some might argue this means the rule of law does not apply to everyone.

Law must be Supreme. This is particularly true of the law in England with many laws created through Parliament.