The Rule of Law Flashcards
what is the main principle of the rule of law
all people are subject to and accountable to law that is fairly applied and enforced, & to safeguard against dictatorship
Dicey tried to define the rule of law, stating it contained what 3 elements
1) an absence of arbitrary power on the part of the state
2) equality before the law
3) supremacy of ordinary law
what does an absence of arbitrary power on the part of the state mean
you should not be punished unless you have broken the law + the law must set limits on what the state can or cannot do
what does equality before the law mean
no one is above the law and the law deals with everyone the same
what does supremacy of ordinary law mean
the law must be supreme
what act recognised Dicey’s rules and put them into practice
the Constitutional Reform Act 2005
why is independence of the judiciary important to the rule of law (2)
- it guarantees freedom of judges from improper influence/ interference
- prevents/ restricts arbitrary exercise of powe
how does the rule of law relate to law making (3)
- should be an open and fair system
- must be passed by both houses
- parliamentary + judiciary controls on DL
how does the rule of law relate to the legal system (3)
- every D must have a fair trial, sometimes by jury (trial by our peers), + no person can be imprisoned without one
- civil disputes resolved through a civil justice system - impartial + free from discrimination
- civil justice system should be accessible + affordable
how does the rule of law relate to criminal law
criminal laws aimed at protecting people/ property or preventing disruptive behaviours e.g. murder/ theft
how does the rule of law relate to tort law
tort law aimed at protecting people + their property e.g. negligence proven means D will have to pay compensation
how does contract law relate to the rule of law
contract law recognises that generally people should be free to make ebay agreements they wish - but not always equality between business & consumers (CRA 2015)
