The Rule of Law (Contract)

Question 1

What is the Rule of Law in broad terms?

Answer 1

Nobody is unfairly sanctioned, equality before the law, fairness and clarity of the law

Question 2

How does the Rule of Law guard against dictatorship?

Answer 2

Government/ officials are accountable under the law, no branch of govt. can exercise unlimited power, there are checks to maintain these principles

Question 3

What case states there are 3 branches and what are they?

Answer 3

A.V. Dicey: Executive (Government), Legislature (Parliament), Judiciary (Judges)

Question 4

What is an absence of arbitrary power of state?

Answer 4

The states power must be controlled by the law/ set limits on what the state can/can’t do - in our law, actions can be challenged by judicial review

Question 4

What are the 3 points that come from Dicey?

Answer 4

An absence of arbitrary power of state, everyone must be equal before the law, the law must be supreme

Question 5

What does everyone must be equal before the law mean?

Answer 5

No single person or group is above the law + money/power mean nothing BUT this is difficult in practice as court and good representation is expensive

Question 6

What does the law must be supreme mean?

Answer 6

As Parliament is the number 1 law maker, its law is supreme