Tom Bingham: 'The Rule of Law' Flashcards
What is statute law?
the acts of parliament
What is common law?
the decisions made by judges in individual cases
Give some reasons why the law must be accessible
In criminal: we must know we’re breaking the law
In civil: we must know what rights and obligations we have
In corporate: companies must know what they can get away with legally
What word, found in statutes, normally signals to judges that they have a degree of leniency?
may
What are the three limits on judicial discretion in criminal law?
- Laws have recommended sentences attached
- Appeals can be made to reduce sentences
- The Attorney General can appeal if they think a sentence is too lenient
Where could a judge show discretion in civil law?
when awarding costs. For example, they might make the loser pay the legal costs of the winner.
Give an example of objective differences justify differentiation in law:
Children: only children over 10 can be tried
The mentally ill: they might have less capability
Prisoners: they necessarily have fewer rights
Habeas Corpus
a writ requiring a person under arrest to be brought before a judge or into court to check if their detainment is unlawful
Give an example of when statutes have favoured UK own citizens over non-citizens on UK soil
Anti-Terrorism, Crime and Security Act 2004
Detention without trial for non-nationals suspected of terrorism. This excludes British nationals
What is a judicial review?
a kind of court case, in which someone (the “claimant”) challenges the lawfulness of a government decision
be you never so high….
the law is above you
What does Bingham say about human rights?
There is no rule of law without adherence to human rights
