Rule of Law

Question 1

What is the Rule of Law?

Answer 1

A fundamental constitutional principle stating that all persons and authorities—public or private—are subject to and entitled to the protection of publicly made laws, generally prospective in effect and administered by the courts.

Question 2

How is the Rule of Law linked to the separation of powers?

Answer 2

The judiciary’s independence enables objective review of government actions. This check prevents arbitrary government and protects individual rights.

Question 3

Why is judicial independence critical to the Rule of Law?

Answer 3

Because courts enforce legality and prevent misuse of power by ensuring that executive actions are within their lawful authority.

Question 4

What is the legality principle?

Answer 4

Government action must be authorised by statute or common law and carried out lawfully.

Question 5

How does judicial review uphold the Rule of Law?

Answer 5

It allows courts to assess whether government actions:

Exceed statutory powers (ultra vires)

Are within the scope of delegated legislation (intra vires)

Breach common law rights or misuse prerogative powers

Question 6

What is legal certainty?

Answer 6

Laws must be clear and prospective. Citizens must be able to foresee legal consequences of their actions.

Question 7

When can retrospective laws be passed?

Answer 7

Parliament can legislate retrospectively, but it may undermine the Rule of Law.