Rule Of Law

Question 1

What act stops judges from being part of government

Answer 1

Constitutional reform act 2005

Question 2

A v Dicey 3 elements to rule of law

Answer 2

Absence of arbitrary power of state
Equal before law
Supremacy of ordinary of law

Question 3

Absence of arbitrary power of state

Answer 3

Law must control state power. Decisions can be challenged by judicial review

Question 4

Supremacy of ordinary law

Answer 4

Most law should be made through legislation by parliament, rather than judicial decisions

Question 5

Examples

Answer 5

Black spider memos
Belmarsh detainees
Abu Qatada
Othman

Question 6

Separation of powers

Answer 6

3 arms of state must be kept independent

Question 7

Who proposed the theory of separation of powers

Answer 7

Montesquieu

Question 8

3 arms and their functions

Answer 8

Legislative-make laws
Executive-execute/apply laws
Judiciary-interpret and enforce

Question 9

What does separation of powers state?

Answer 9

Powers should be separate to limit power of one group