Rule of Law

Question 1

Sources of Rule of Law

Answer 1

Statute, case law, and history/conventions

Question 2

Formal/thin RoL

Answer 2

Procedural considerations, not about the content but still concerned with clarity, equality, accessibility and the prospective nature of law

Question 3

Substantive/thick RoL

Answer 3

In addition to formal/thin, concerned about content (rights, moral implications, fairness, justice)

Question 4

Raz’s principles of RoL

Answer 4

‘all laws should be prospective, open and clear’ (formal/thin)

Question 5

Bingham’s principles of RoL

Answer 5

Accessibility of law/legal mechanisms, protection of rights, equality before the law (substantive/thick)

Question 6

Dworkin’s principles of RoL

Answer 6

Not all of law’s meanings are found in the rules, but the values too

Question 7

Coke on RoL

Answer 7

“When an Act of Parliament is against common right and reason… the common law will… adjudge such Act to be void”

Question 8

Dicey on RoL

Answer 8

All are equal before the law
The law should be certain