What is the rule of law? Flashcards
What is the RL
PL concept that describes how society is governed by laws and how laws themselves should be governed, however it is a concept with a lack of formality
What was Aristotle’s view
‘rule of law, not of men’ suggests that laws should eb followed as being made by a superior presence
What is A.V Dicey’s widely accepted defitnion
1) the supremacy of regular law in preference to the influence of arbitrary power
2) Everyone if subject to the same law
3) individual rights are secured by the ordinary remedies of common law
IN which case was Dicey’s view of the RoL accepted
R v Rimminton- Lord Bingham: held hat conduct forbidden by law should be clearly known and that no one should be punished for a criminal offence that was not known to be an offence at the time
What is Raz’s view of the Rule of Law
a much narrower new and his principles focus on guiding an individual’s behaviour and minimising the dangers of discretionary and arbitrary power
Some examples of Raz’s RoL
that everyone should be ruled by the same law, which is the produce of an open and clear legal system, with open principles that are capable of being obeyed
