Paper 3.9 - Rule of Law (AO1 & AO3) Flashcards
(14 cards)
What is the rule of law?
The UK does not have a written constitution, meaning its rights come from a variety of sources.
The rule of law is a symbolic idea with many definitions:
- All people are subject to, and accountable to, law that is fairly applied, enacted and enforced.
What were Dicey’s views on the rule of law? (3)
- The state should not have arbitrary power.
- Everyone is equal before the law.
- The law must be supreme (Parliament must be sovereign).
What were Bingham’s views on the rule of law?
- Law should be accessible, clear and predictable.
- Law should apply equally to all.
- No body is above the law.
- Law must protect human rights.
- Jury trials are essential in a democracy.
What was Plato’s view on the rule of law?
Law is a crucial safeguard from tyranny; it prevents those in power from being corrupt.
Name two case examples where rule of law was upheld.
Miller - PM Boris Johnson was found to have acted illegally when shutting Parliament; this decision shows no one is above the law.
Simms - the decision to restrict prisoners from speaking to journalists was deemed unlawful as it breached human rights; law protecting human rights.
How does rule of law affect criminal law?
A jury of 12 randomly selected people make up a jury, ensuring that the law is applied equally.
Judges are independent from the state meaning they can make decisions against the government’s interest, law is applied equally.
How does rule of law affect tort law?
Liability is decided by an independent judge; everyone is equal before law.
People have the right to take action to defend themselves and their property; law is accessible.
How does rule of law affect human rights law?
States have a positive obligation to protect human rights; law protects human rights.
Human rights are universal; applied evenly to everyone.
Human rights are indivisible; state cannot have arbitrary power.
Fill in the blanks:
The legal system is required as a safeguard to prevent ___________. It is essential in a ____________.
Dictatorship; democracy.
P
Fill in the blanks:
________ ___________ is vital as it allows judges to make politically unpopular decisions without ______ __ ______ ________. This is relevant today; all 11 Supreme Court judges ruled against PM Johnson in ______. It demonstrates a key principal of the rule of law; that __ ___ __ ______ ___ ___. However, judges making law is undemocratic as they are not elected. They aren’t accountable to the _________ or ___________. In America, the __________ chooses Supreme Court judges but this can lead to bias.
Judicial independence; dear of being sacked; Miller; no one is above the law; electorate; Parliament; President.
PDE
Fill in the blanks:
The rule of law states that the law should be applied _______ __ ___, however in reality this is not the case. It is not applied equally in terms of ____; _____ people have a 9x higher probability of being _______ ___ ________. If you’re ____, you cannot afford an experienced lawyer & may have to _______ ________. This means you are likely to lose your case. However, legal aid does entitle everyone to free legal advice from a ____ _________.
equally to all; race; black; stopped and searched; poor; represent yourself; duty solicitor.
PDE
Fill in the blanks:
The idea that there should be no __________ without law has not always been followed. Suspected terrorists were held in ___________ Bay after 9/11. They were denied a ________ and were not charged with a crime.
punishment; Guantanamo; solicitor.
PD
Fill in the blanks:
Law is not always ____________. For example _________ ___________ often become law via negative _________ procedures. There is little ______ __________ about these laws; it makes it difficult to challenge the decision to make the law.
accessible; statutory instruments; resolution; public awareness.
PD
Fill in the blanks:
Lady ____ said ‘most people think about the law as doing things to them instead of for them’. The public fail to _________ the rights and freedoms that the rule of law gives them. Human rights set out in the ECHR allows citizens to live free of torture and have freedom of _________. Despite this, the rule of law is seen as net negative for society.
Hale; appreciate; expression.
PD
