What do we mean by the rule of law? Flashcards
How the law developed ( custom)
Custom or tradition- when the judges were first appointed by the king after the norman conquest to travel around the country making decisions in the kings name
How the law developed ( Common law development)
judges heard more and more cases, they started combining some of the old Anglo-Saxon law, local customs and their own instinct and over time established a system of common law to england.
How the law developed (equity)
it developed because of problems in common law. It means fairness and people would go directly the king if they couldn’t get justice in common law court.
What is a binding precedent?
It is decisions made by a senior judge or judges in the high court about matters usually arising in the first time in law. It must be followed in any similar cases in the lower court going forward
How can common law be changed?
1) Another precedent being set by a higher court that refuses the original
2) Parliament passing a new law that replaces the original precendent
How can the law be changed?
The only way these laws can be changed is parliament itself. Even the supreme count can’t prevent the act of parliament. However, if they do rule against the government, they have to comply even if they disagree because the job of the government is to uphold the law
What was Albert Dicey’s views on the rule of law?
- Everyone is equal under the law
- The law is supr
