(Paper Three) = The Rule of Law

Question 1

What is the rule of law?

Answer 1

• Suggests that law should be equally applied, adminstired and enforced which protects against dictatorship, supports democracy and forces the seperation of power

Question 2

What is Tony Honore’s rule of law?

Answer 2

• A governments powers are limited by law and citizens have core rights that the government are bound to uphold
  1. No person shall be sanctioned except in accordance with the law
  2. Equality before the law
  3. Fairness and clarity to the law

Question 3

What is Dicey’s rule of law?

Answer 3

1. There must be equality before the law
2. The law must be supreme and made by parliament
3. Their must be an absence of arbitrary power. No man is punishable except for a breach in law

Question 4

What is the issues with Dicey’s view?

Answer 4

• Parliamentary supremacy which is parliament overruling any previous law or set aside any act of parliament which contradicts Dicey’s supremacy of law
• Parliament can be seen as arbitrary, parliament have the right to make any law it wishes
• Not everyone is equal as it depends on access to legal representation
• Parliaments can pass law making and cannot be challenged in court

Question 5

What is F A Von Hayek’s rule of law?????????????????????????/

Answer 5

• ## The rule of law is to ensure that government is bound by fixed rules and announced beforehand

Question 6

What is Joseph Raz’s rule of law?

Answer 6

• The rule of law is about controlling discretion rather than preventing it, ROL minimised the danger of arbitrary acts
• Law should be capable of guiding people’s behaviour
• There should be a clear procedure for law making, judiciary must be independent, there should be an open and fair hearing and courts should have the power to review the way principles are implemented

Question 7

How is the rule of law applied in real life?

Answer 7

• There is no punishment without law so they cannot be applied retrospectively
• No person is above the law
• Judicial decisions must protect the rights of the individual

Question 8

Why is the rule of law important?

Answer 8

• Laws must be checked by parties of the government to ensure openness and fairness

Question 9

How is the rule of law applied in the legal system?

Answer 9

• Every defendant is entitled to a fair trial
• Juries maintain fairness and citizens rights
• No person can be imprisoned without a trial
• The CJS should be free from discrimination
• Should be free from corruption
• Should be accessible and affordable

Question 10

What is substantive law and how does it apply to the rule of law?

Answer 10

• Law that creates or defines rights that can be enforced by law
• Law needs to recognise rights and the law must be clear
• All criminal offences must have a maximum stated penalty
• Tort allows compensation
• Contract allows people to make agreements how they wish

Question 11

What is the key case for Rule of Law and how does it apply?

Answer 11

• Entick v Carrington
• It shows that the state can only do what law allows, which limites the power of the state and no one is above the law