The Rule of Law

Question 1

What is the rule of law?

Answer 1

All people are subject and accountable to law that is fairly applied and enforced

Question 2

What were Tony Honore’s three principles of the rule of law?

Answer 2

• No person is sanctioned unless in accordance with the law
• There is equality before the law
• There is fairness and clarity in the law

Question 3

What was A.V. Dicey’s rule of law?

Answer 3

• An absence of arbitrary power to the state
• Equality before the law
• Supremacy of ordinary law

Question 4

What are the criticisms of A.V. Dicey’s rule of law?

Answer 4

• Conflicts with parliamentary supremacy as there is arbitrary power to the state; parliament make laws that cannot be challenged
• There isn’t equality in terms of wealth, legal fees are high

Question 5

Define parliamentary supremacy.

Answer 5

• parliament can legislate on any subject matter.
• parliament cannot be bound by a predecessor, nor can bind a successor.
• no other body can overrule parliament.