The Rule Of Law Chp2

Question 1

Concept of rule of law

Answer 1

All people are subject to and accountable to law that is fairly applied and enforced. Also the process by which the laws of the country are enacted, administered and enforced must be fair. Tony Honoré principles: no person shall be auctioned except in accordance with the law, there is equality before the law; no discrimination on any grounds, there must be fairness and clarity of law

Question 2

Dicey’s views

Answer 2

Three main elements:
An absence of arbitrary power on the part of the state -states power controlled by the law
Equality before the law
Supremacy of ordinary law

Question 3

Problems with dicey’s views

Answer 3

Conflicts with fundamental principle of parliamentary supremacy.
Laws Passed by Parliament cannot be challenged by judicial review.
Also equality before the law disregards the differences between people in terms of wealth power and connections. Based on abstract ideas making* it difficult to apply to real life situations.

Question 4

Von Hayek

Answer 4

Agree with dicey that the key component is absence of any arbitrary power on the part of the state.
Rule of law weakened by an increasingly interventionist state
Modern state is directly involved in regulating economic activity in conflict with the rule of law

Question 5

Raz

Answer 5

Clear rules and procedures for making laws
Judicial independence must be guaranteed
Principles of natural justice must be observed
Courts should have the power to review the way in which the other principles are implemented