Rule of Law^

Question 1

Rule of Law

Answer 1

Fundamental principle that explains nobody is above the law, including the gov
Laws must be
- publicly promoted
- equally enforced
- consistent with international human rights

Question 2

Dicey

Answer 2

Absence of Arbitrary Power
- no one should be punished unless they broke a law
- opposed giving gov too much power cause it leads to unfair decisions
Equality Before the Law
Supremacy of Ordinary Law
- prefers common law cause judges have expertise
- VS: Par sovereignty as they are the main law making body

Question 3

Artistotle

Answer 3

Laws should govern instead of the ind because
-L are rational and not influenced by emotions like humans
-L provide consistency, while human rulers change mood or die
-L reflect society’s knowledge and experience
-L prevent power abuse from corrupted rulers that lead to tyranny
-L create structure: He favored systems where L establish boundaries for gov

Question 4

Aristole & Limitations

Answer 4

He still recognizes law’s limitations
- Can’t address every possible situation
- So, he believes judges with good judgements are necessary to interpret and apply laws

Question 5

HLA Hart & Rules

Answer 5

legal systems functions through 2 types of rules
primary rules - directly govern P’s beh (laws about theft)
Secondary - influences how laws are created, changed and applied (legislative process)

Question 6

HLA Hart & Laws

Answer 6

officials use the rule of recognition to decide what counts as valid law
can be legally valid and morally questionnable
- procedural correctness > moral
- R V Brown & R V Wilson
acknowledge that any functioning LS must include protection reflecting human needs

Question 7

HLA Hart & Rule of Law

Answer 7

rule of law works best when people adopt an “internal perspective”
- see laws as a guideline for beh, not a command to be obey to avoid punishment