The Rule of Law Flashcards

1
Q

Define the term rule of law and provide an example.

A

The rule of law is a fundamental democratic law which stipulates that power must be exercised in accordance with the law so that everyone is treated equally before the law.

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2
Q

What are the four elements of rule of law?

A

Protection of fundamental human rights

Equality before the law (justice is blind)

The constitution is supreme - everyone (people, government and private organisations) are bound by the constitution.

Parliament is sovereign - the democratically elected parliament can override laws made by the executive and judiciary to ensure checks and balances on power.

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3
Q

What is the importance of the rule of law?

A
  • Ensures that the government is under the law, prevents abuse of power and stops corruption, hence it facilitates a cohesive and harmonious society.
  • Predictability: certainty about what the law is and the overall outcome of breaching the law.
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4
Q

What is an arbitrary government?

A

A government that infringes upon the rights of it’s people, such as Adolf Hitler’s government.

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