The rule of law Flashcards
What did Lord Bingham identify as the first principle of the rule of law?
The law must be accessible and so far as possible intelligible, clear and predictable.
What are the three principles of the constitution in the Westminster system?
1) The Rule of Law, 2) Parliamentary Sovereignty, 3) Ministerial Responsibility.
According to Dicey, what is the first aspect of the rule of law?
No individual can be punished other than for a breach of the law established in court, with regular law taking “absolute supremacy” rather than arbitrary power.
How does Bingham’s second principle of the rule of law relate to discretion?
Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
What does Bingham’s third principle of rule of law state about equality?
The laws of the land should apply equally to all, save to the extent that objective differences justify discrimination.
What principle of the rule of law is demonstrated by Entick v Carrington?
The state may only act where it has authority to act - officials need legal authority before violating rights and freedoms of citizens.
What aspect of the rule of law does Bingham address regarding cost and delay?
Means must be provided for resolving disputes without prohibitive cost or inordinate delay.
What did Bingham say about ministerial powers under the rule of law?
Ministers and public officers must exercise powers reasonably, in good faith, for the purpose they were conferred, and without exceeding their limits.
According to Bingham, what makes adjudicative procedures fair under the rule of law?
Decisions by independent and impartial adjudicators, free from extraneous influence or pressure, and unbiased by personal interest.
What core principles does Bingham identify for fair legal proceedings?
Parties should have adequate opportunity to be heard; adequate information about accusations; disclosure of helpful material; and access to professional help when needed.
