the rule of law Flashcards
what are the main principles of the rule of law?
all people are subject to and accountable to law that is created fairly applied and enforced
what us one of the aims of the rule of law?
its to safeguard against dictatorships and protect democracy
why is it important to safeguard against dictatorships and protect democracy?
this is because the government is accounatble in law
what does law make sure the government doesn’t do ?
makes sure no single organ of the government can exercise its power without checks and balances
who are the three theorists views on the rule of law ?
A.V.Dicey
F.A Von Hayek
Joseph Raz
what was F A Von Hayek viewpoint?
they were the same as dicey but he said over time they have become diluted
why did F A Von Hayek say they were the same as dicey but he said over time they have become diluted?
he believed this because the state permitted by the A of P and anything done in the accordance with that act is lawful
what else did F A Von Hayek ?
regulating economic activity is conflicting with rule of law
what did Joseph Raz recognize about the rule of law?
the rule of law was the way of controlling discretion decision rather than preventing them completely
what was Joseph Raz key point he interpreted from the rule of law?
the law should and must be capable of guiding the individual behavior
what are the four principles that Joseph Raz from the idea the law must guide individuals behavior?
-there should be clear rules and procedures for making law
-the independence of the judiciary must be guaranteed
-the principles of natural justice should be observed
-the court should have the power to review the way in which the other principles are implemented to ensure that they are being operated as demanded by the rule of law
what we Dicey viewpoint?
- an absence of the arbitrary power of the state
-everyone must be equal in the eyes of law - the law is supreme
what were the problems with Diceys views ?
conflict with other principles
-SUCH AS-
can overrule any other law
disregard’s the difference between people in wealth power and connections
