Rule Of Law Flashcards
What are Diceys three propositions?
1) No one can be punished unless there is a breach of law 2) No one is above the law/Equality 3) Individual rights are protected through ordinary court systems
Who are the main other theorist on rule of law?
Jennings, Raz, TRS Allan
What was Jennings theory on ROL?
Rule of law places a limitation on the power of every authority which stops them from acting ultra vires(outside their power) and he also said that it’s difficult to respect the law when something that’s legal one day, turns illegal the next.
Did most theorist agree with Jennings perspective on there being a stable system to make laws?
Yes
What did Jennings criticise on about Diceys theory?
He criticised the 3rd proposition and claimed that dicey was being biased for the British System.
What was Raz theory on ROL?
Claimed that ROL is a procedure that is open, stable and clear.
The law should be known by the public.
Judges must be independent as they are the guarantors of ROL being applied.
What did TRS Allan state?
The rule of law “ encompasses principles of procedural fairness and legality”
What was TRS Aallans theory?
Law should promote common good including basic liberties of thought speech and conscience.
When do the courts mainly consider and interpret ROL?
When there are cases that are taking action against the executive or a public body.
What and how have certain legal reforms affected the ROL?
1⃣ ASBO ( anti social behaviour orders) - how? - because there are civil actions that can lead to criminal sanctions; therefore there isn’t a need of a full trial.
2⃣ Constitutional reform act 2005 - strengthens the ROL - how? - reinforces the importance of the judiciaries independence.
Cases that show how the courts have interpreted the ROL.
1⃣proposition: A and Others Secretary of State for the home department.
2⃣proposition: Entick V Carrington 1765
3⃣proposition: GRM v Immigration appeal tribunal.
