Theme 1 Topic 1 Part F: Significance of Rule of Law Flashcards
What’s the meaning and spirit of the Rule of Law?
a. Law-abidingness
b. Judicial independence
c. Equality before the law
d. Protecting human rights
e. Carrying out fair and open trial
What does law-abidingness refer to?
- Law is supreme and is of high status in a society respecting the rule of law
- both citizens and public officials / government must know and abide by the law
- anyone who breaks the law must bear legal responsibility
- qualities of well-enacted laws:
- open and clear: laws must be open to the public so that people can follow
- stable and keep up with the time:
i. laws are stable so that their application is predictable and consistent
ii. laws are flexible and responsive to the development of society
- principle of retroactivity: no person should be held guilty of any criminal law that did not exist at the time of offence. Laws regulate the current and future behaviour of the public
What does judicial independence refer to?
The judiciary must independently and impartially make rulings in accordance with the law without being affected by political pressure, public opinion or other factors
How does the Rule of Law correlate with protecting human rights?
The Government will formulate comprehensive and appropriate laws to protect the human rights of individuals.
What are the 8 components that ensure fair and open trials are carried out?
- After trial without delay
- The right of silence
- The right to defend
- The right to appeal
- Presumption of innocence
- No doable jeopardy
- Open trial
- Jury System
How does after trial without delay ensure fair and open trial?
After trial without delay: prevents defendants or the victims from coping with extra psychological pressure that delay in trial might cause
How does the right of silence ensure fair the open trial?
The right of silence during police interrogation and court trials: confession statements made by coercing or inducing the defendants shall not be admissible evidence.
How does the right to defend ensure fair and open trial?
The right to defend: during court hearings, defendants and plaintiff have the right to attend the court by themselves or by their counsel to give evidence, to all witnesses etc.
How does the right to appeal ensure fair and open trial?
The right to appeal: If a defendant or a plaintiff is not satisfied with the decision of a court, an appeal to a higher court may be made. This is to ensure that errors made in the course of a trial or judgement can be corrected through appeal at a higher court.
How does presumption of innocence ensure fair and open trial?
Presumption of innocence: anyone who is lawfully arrested “shall be presumed innocent until convicted by the judicial organs”. Defendants do not have to prove their innocence. The burden of proof lies on the prosecutor, which shall gather sufficient evidence and prove that the evidence is beyond resonable doubt for a defendant to be convicted by the court. Otherwise, the “benefit of the doubt” should go to the defendant, the defendant shall be acquitted.
How does no double jeoparady ensure fair and open trial?
No double jeoparady: No man ought to be tried twice for the same offence. This is to avoid the repeated distress of the trial process on the accused, victim and their family etc.
How does open trial ensure fair and open trial?
Open trial (not all cases, e.g. national security): an open trial enables society to monitor court procedures and judges’ behaviour, which can guarantee a fair trial and maintain public confidence in the judicial system. The judgments, reasons for verdict and reasons for sentence are available for the public.
How does the jury system ensure fair and open trial?
The defendant will be tried in court by a judge and a jury composed of fellow members of the community.
