the rule of law (P3)

Question 1

what is the rule of law?

Answer 1

-no person shall be sanctioned except in accordance with the law
-all shall be equal before the law
-there shall be fairness and clarity of the law

Question 2

how has the rule of law safeguarded against dictatorship?

Answer 2

-gov and its officials are accountable under law
-no single branch of gov can exercise unlimited power
-checks and balances, including independent judiciary, to maintain these principles

Question 3

what are the three elements of the rule of law according to A.V.Dicey?

Answer 3

-states power must be controlled by the law and be challenged by judicial review
-equality before the law (no one is above it
-supremacy of ordinary law

Question 4

what was F.A. von Hayek’s view of the rule of law?

Answer 4

-felt the rule of law had become diluted because actions of the state that are permitted by an act of parliament are considered lawful
-regulating economic activity is also in conflict with the rule of law

Question 5

what was Joseph Raz’s view of the Rule of law?

Answer 5

-saw it as acting to minimise the danger of the use of discretionary power in an arbitrary way
-key principles:
-should be clear rules and procedures for making laws
-independence of the judiciary must be guaranteed
-principles of natural justice should be observed (open and fair trial)

Question 6

how does the rule of law relate to law making?

Answer 6

-process of law making must be open and fair
-parliament can delegate some of its powers
-independence of the judiciary ensures judges can restrict/prevent arbitrary use of power

Question 7

how does the rule of law relate to the legal system (procedural law?

Answer 7

CRIMINAL LAW-
-every d has the right to a trial
-independence of the judiciary guarantees freedom from improper influence
-trial by peers maintains fairness (jury or magistrates)
-no one can be imprisoned without a trial (habeas corpus)
CIVIL LAW-
-everyone can (in theory) resolve their disputes effectively
-system should be free from discrimination and corruption
-system should be accessible and affordable

Question 8

how does the rule of law relate to substantive law?

Answer 8

CRIMINAL LAW-
-law for criminal offences has to be clear and the prosecution has to prove d committed the offence beyond reasonable doubt
-when a person is found guilty the offender will be punished
-courts cannot impose higher than maximum penalty
CIVIL LAW-
-protect individual rights (tort)
-everybody has a right to claim but there are financial restrictions
-contract law noticed the unequal power between parties

Question 9

what impact can wealth have on ‘equality before the law’?

Answer 9

those with more money have the funds to pay for better representation in court