Rule of Law

Question 1

Explain the concept of the rule of law.

Answer 1

• ‘Rule of Law’ is a symbolic idea- not a legitimate law/rule.
• All people are subject to + accountable to law that’s fairly applied + enforced.
• Safeguards against dictatorship + supports democracy.
• No single organ of gov can exercise power in an unchecked way.
• Tony Honore: academic lawyer states principles of the rule of law:
  1) No person shall be sanctioned (found guilty/liable) except in accordance with law.
  2) Equality before law- no discrimination.
  3) Fairness + clarity of law.

Question 2

Explain the academic views on the rule of law.

Answer 2

• Professor Dicey: rule of law was an important feature distinguishing English law from law in other countries.
  Held 3 elements created rule of law:
  1) Absence Of Arbitrary Power On Part Of State:
• State’s power must be controlled by law.
  2) Equality Before Law:
• Regardless of money/power everyone should be treated the same, as nobody is above law.
  3) Supremacy of Ordinary Law:
• Today, the most supreme law is through Acts Of Parliament + Delegated legislation.

Question 3

Explain the independence of the judiciary in relation to the rule of law.

Answer 3

S.3 (1) Constitutional Reform Act 2005: recognised rule of law + importance of independence of judiciary.

Question 4

Explain the rule of law + law making.

Answer 4

• All laws made must be open + fair.
• This is done through our legislative process- Acts of Parliament have to be passed by both Houses of parliament.

Question 5

Explain the rule of law + the legal system.

Answer 5

• In crim law: D has a fair trial with a trial by jury- to maintain fairness + protecting civil rights. No imprisonment without trial.
• In civil law: trusted + recognised for being impartial, as it deals with ordinary people who need to resolve differences + its free from corruption.

Question 6

Explain the rule of law + substantive law.

Answer 6

Crim Law:
* Aimed at protecting people (e.g. murder, manslaughter, non-fatal)
* Aimed at protecting property (e.g. theft, burglary)
* Standard of proof is ‘beyond all reasonable doubt’ + is for prosecution to prove D is guilty in law.