Rule Of Law Flashcards
What is the concept of the rule of law?
- No person shall be sanctioned (held responsible) except in accordance with the law: both civil and criminal cases.
- There is equality before the law: there must be no discrimination on any grounds.
- There must be fairness and clarity of the law
Professor A.V. Dicey say under
‘there is equality before the law: there must be no discrimination on any grounds’
No person must be above the law. It does not matter how rich or powerful a person is, the law must deal with them in the same way as it would anyone else. Those who carry out functions of the state must be accountable under the law for their actions.
What did Dicey say under ‘there must be fairness and clarity of the law’?
The states power must be controlled by the law. The law must set limits on what the state can or cannot do.
How can the actions of, and decisions by government ministers be challenged in the English legal system?
Judicial review
Type of court proceeding where a judge reviews the lawfulness of a decision.
What does independence of the judiciary must be guaranteed?
The government cannot dismiss a judge merely on the grounds that it does not approve of the judges interpretation of the law. Furthermore the independence of the judiciary also ensures that judges can prevent arbitrary exercise of power and resolve disputes strictly according to the law in a fair manner.
Should the state have wide discretionary powers?
The state should not.
What did dicey recognise about the discretion?
Dicey recognises that discretion can be exercised in an arbitrary way and this should be avoided to comply with the rule of law.
What is the purpose of the rule of law?
To act as a safeguard against dictatorship. It supports democracy. This is because the govt and it’s officials are accountable under the law. Also govt power are limited by law and citizens have a core of rights.
How does the rule of law apply to law making?
- In our legislative system: statutes
2. Government can also make laws through delegated legislation.
Where do most proposed laws be passed onto?
The commons
How can the proposed laws be changed?
The houses of commons debate on controversial issues which may lead to changes being made.
Where also does the law-making process go to?
The House of Lords exercises a check in law making process as proposed laws have also to be passed by them.
How else can the government make laws?
Through delegated legislation. As these regulations do not always have to be considered by Parliament as a whole, there are several controls on this method of law making.
How does the rule of law apply to the criminal justice system?
Every defendant must have a fair trial. Trial by jury is seen as an important factor to maintain fairness and protecting citizens rights.
Can a person be imprisoned without a trial?
No person can be imprisoned without a trial. In countries where the rule of law is disregarded, people are likely to be detained without a trial, particularly if they are opponents of the govt.
