The Rule of Law Flashcards
Define the term rule of law and provide an example.
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.
What are the four elements of rule of law?
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.
What is the importance of the rule of law?
- 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.
What is an arbitrary government?
A government that infringes upon the rights of it’s people, such as Adolf Hitler’s government.