rule of law

Question 1

what is the rule of law

Answer 1

a symbolic idea that suggests that all people are equal in the eyes of the law and therefore all people are subject to it with the law being applied and enforced equally.

Question 2

why do we need a system of rule of law

Answer 2

to prevent dictatorship - it safeguards democracy, protects individuals rights an ensures everyone is accountable under the law

Question 3

how can the ROL be effective

Answer 3

There must be equality under the law, transparency of law, an independent judiciary, and access to legal remedy

Question 4

where does ROL originate from

Answer 4

origins in ancient Greece from the writings of Plato and Aristotle

Question 5

ROL in other countries

Answer 5

USA - the constitution of the USA

Question 6

legal academics and ROL

Answer 6

Professor Dicey
Lord Bingham

Question 7

Professor Dicey

Answer 7

identified 3 important factors that make up the concept of the ROL
1 - no punishment without the law
2 - no man is above the law
3 - judicial decisions of the courts protect the rights of citizens

Question 8

Lord Bingham

Answer 8

came up with 8 essential principles including -

law must be clear, accessible and predictable
legal rights and liability should be resolved by the application of the law
laws should be applied equally

Question 9

One principle of the rule of law is that the law should be clear, accessible and predictable. There is, however, a problem with this as the legal system is not always accessible to those in poor financial situations as in order to start a case you must be able to fund it

Answer 9

D - access to justice fund - difficult to gain access to
WD - unclear - vast common law
unpredictable - lots of conflicting cases