Theme A: The Rule Of Law Flashcards
What is the rule of law?
The rule of law is essential to uphold the rights and duties of citizens in a democratic society.
Why is a system of checks and balances important?
It ensures that human rights debates regarding privacy, freedom of speech, and the threat of terrorism are considered.
What are the three basic principles of the rule of law?
- Equality before the law. 2. Innocent until proven guilty. 3. Access to justice.
What does ‘equality before the law’ mean?
It ensures that everybody is treated equally in the legal system and that no one is above the law.
For example, some serving Members of Parliament were imprisoned over an expenses scandal that emerged in 2009.
What does ‘innocent until proven guilty’ mean?
In criminal law, everyone is considered innocent until proven guilty beyond reasonable doubt in a court of law.
What is meant by ‘access to justice’?
Everybody has the right to use the justice system.
In reality, cuts to legal aid have limited access to justice for the poorest in society, especially in civil court cases for family law or cases that involve individuals under the age of 18.
What does the rule of law apply to?
The rule of law applies equally to all citizens, whatever their status.
What must everyone do regarding the law?
Everyone must obey the law and has the right to be protected by it.
What does the rule of law ensure?
It ensures fairness and respect for human rights within the legal system.
What does the Human Rights Act 1998 specify?
The rights UK citizens have within the law.
Why are rights and freedoms sometimes limited?
For the good of the majority.
What is an example of the limitation of the right to privacy?
The closure of The News of the World in 2011 over a scandal involving voicemail hacking.
This involved journalists hacking the voicemail of celebrities and missing student, Milly Dowler.
How can freedom of speech be misused?
To promote extremist views.
What action was taken against the British neo-Nazi group National Action?
It was identified as a terrorist group and banned under the Terrorism Act 2000.
This occurred in 2016.
What is the maximum period suspected terrorists can be held without charge?
14 days.
What political attempts have been made regarding the detention of suspected terrorists?
Attempts to increase the detention period to 90 days have failed.
What is one of the principles of the rule of law in the UK?
One principle of the rule of law in the UK is that no one is above the law.
What are democratic values?
Democratic values are the core ideas and principles that make democracy work. They protect people’s rights and help everyone live fairly in society.
What are key democratic values in the UK?
Key democratic values in the UK include:
- Equality: Everyone is treated fairly and equally by the law.
- Representation: People vote for leaders who make decisions for them.
- Freedom of speech: You can express your views publicly (within the law).
- Freedom of opinion and association: You can have your own opinions and join any group or party.
- Tolerance and respect: Accepting people from different backgrounds and beliefs.
- Right to privacy: You have a private life that others, including the government, must respect.
Where do democratic rights and values come from?
Democratic rights and values come from:
- Human rights: e.g. Universal Declaration of Human Rights (UDHR)
- Moral rights: Basic ideas of fairness and justice
- Legal rights: Rights protected by UK laws like the Human Rights Act 1998
- Political rights: Like the right to vote or stand for election.
What are the duties of citizens?
Every citizen must:
- Respect other people’s rights
- Obey the law
- Take part in society, like voting and helping the community.
What happens when rights conflict?
Sometimes, people’s rights can clash, such as:
- Free speech vs. protection from hate speech
- Right to privacy vs. national security (e.g. surveillance)
- Religious freedom vs. equality in schools/workplaces.
These conflicts must be balanced fairly, often by courts or lawmakers.
Why is the rule of law so important?
The rule of law means:
- Everyone must follow the law, even the government
- It keeps things fair and equal
- It protects rights and prevents abuse of power
- It allows for checks and balances – systems to make sure no one has too much power, especially regarding freedom of speech, privacy rights, and national security (e.g. terrorism laws).
What is the summary of democratic values in the UK?
Democratic values in the UK help create a fair and free society. They’re based on laws, rights, and shared beliefs. But rights come with duties, and sometimes they must be balanced. The rule of law is what keeps it all working.
