Rule of Law Flashcards
the concept
people are subject to and accountable to law that is fairly applied and enforced
what must always be fair to everyone
the way laws are enforced and enacted
what is the ROL a safeguard to
against dictatorship
what does tony honoré say
the rule of law exists when a governments powers are limited by law and the citizens have a core of rights that the government are bound to uphold
3 principles
no person shall be sanctioned except in accordance with the law
equality before the law: no discrimination
must be fairness and clarity of the law
3 of dicey’s elements
an absence of arbitrary powers of the state
equality before the law
supremacy of ordinary law
what must the justice system be free from
corruption and not improperly influenced by public officials
what is substantive law
substantive means that law in different areas of the law
what does substantive law of tort set out
rights and responsibilities people owe to each other in every day life
what does substantive law of contract lay out
rules on such issues as when a contract is formed
what does substantive law of human rights set out
various rights that individuals are entitled to expect
