The Rule Of Law Flashcards
What is the Rule of Law?
The Rule of Law is the principle that all individuals and institutions are subject to and accountable under the law, ensuring fairness, equality, and justice.
Who is most associated with the modern concept of the Rule of Law?
A.V. Dicey, who identified key principles of the Rule of Law in the late 19th century.
What are the three main principles of Dicey’s Rule of Law?
1) No one should be punished except through law.
2) All are equal before the law.
3) The law should be supreme and reflect individual rights.
What does no one should be punished except through law mean in the Rule of Law?
Individuals can only be punished for breaches of the law, and not arbitrarily by government actions or without legal justification.
What does equality before the law mean?
Every person, regardless of status, wealth, or power, is subject to the same laws and treated equally in the legal system.
How does the Rule of Law protect against arbitrary power?
It limits the powers of the government and public officials by ensuring their actions are legal and can be challenged in court if they act outside the law.
What is the role of an independent judiciary in the Rule of Law?
An independent judiciary ensures that laws are applied fairly, impartially, and free from political influence, upholding the Rule of Law.
What is the relationship between the Rule of Law and Parliamentary Sovereignty?
While Parliament is the supreme law-making body, its laws must respect the principles of the Rule of Law, ensuring they are clear, accessible, and applied consistently.
What did Lord Bingham contribute to the understanding of the Rule of Law?
Lord Bingham expanded the Rule of Law to include principles such as accessibility of law, fairness, the protection of fundamental rights, and accountability of public officials.
What is legal certainty, and how does it relate to the Rule of Law?
Legal certainty means that laws should be clear, stable, and predictable, allowing individuals to understand their legal obligations and rights under the Rule of Law.
How does legal certainty relate to the Rule of Law?
Legal certainty ensures that laws are clear, publicized, and stable, so individuals can understand their rights and obligations, and predict how laws will be applied.
What is the protection of fundamental rights under the Rule of Law?
Laws must respect and protect fundamental human rights, such as the right to a fair trial, freedom of speech, and equality before the law.
How does the Rule of Law ensure accountability of public officials?
Public officials and government bodies must act within the law and can be held accountable in court if they abuse their powers or act unlawfully.
What role does judicial review play in upholding the Rule of Law?
Judicial review allows courts to assess whether government actions or laws comply with legal standards and principles, ensuring that public bodies act within their powers.
What is meant by no retrospective law-making in the Rule of Law?
Laws should not be applied retroactively, meaning individuals should not be punished for actions that were not illegal at the time they were committed.
How does the Rule of Law contribute to fair and impartial trials?
The Rule of Law requires that all individuals have the right to a fair hearing before an independent and impartial tribunal, ensuring justice is served.
How does the Rule of Law interact with democracy?
In a democracy, the Rule of Law ensures that even elected representatives must follow the law and that laws made by Parliament are applied equally and fairly.
Give an example of a case that illustrates the Rule of Law.
Entick v Carrington (1765): The court ruled that the state could not exercise power against an individual unless it was authorized by law, reinforcing the Rule of Law principle.
How does the Rule of Law limit discretionary power?
While some discretion is necessary for public officials, the Rule of Law requires that discretion is exercised within clear legal frameworks to prevent arbitrary decisions.
Why is accessibility to justice essential to the Rule of Law?
Individuals must have access to courts and legal representation to ensure their rights are protected and that they can challenge unlawful actions.
