Rule Of Law Flashcards Preview

Contract Law > Rule Of Law > Flashcards

Flashcards in Rule Of Law Deck (25)
Loading flashcards...

What is the concept of the rule of law?

1. No person shall be sanctioned (held responsible) except in accordance with the law: both civil and criminal cases.
2. There is equality before the law: there must be no discrimination on any grounds.
3. 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?

1. 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.


How is the rule of law important in the civil justice system?

Ordinary people must be able to resolve their disputes effectively. This means that the system should be impartial, accessible and affordable.


What is substantive law?

Defines people’s rights and responsibilities. It’s important that the rules recognise that people have key rights and that laws are not oppressive.


What do many criminal laws aim at?

Protecting people (e.g. murder) whilst other offences are aimed at protecting property (e.g. theft) and regulatory offences aimed at preventing pollution and ensuring safety on the roads.


What do all offences must do?

The law has to be clear and the prosecution have to prove that D has committed the offence.


What do all offence have for their maximum penalty?

All offences have a stated maximum penalty that the courts cannot exceed.


What do many torts aim at doing?

Aim at protecting people and h Yh wit property and give the right to claim compensation for damage caused by breaches of the law.


What does contract law recognise to do?

Recognised that in most cases people should be free to make what agreements they wish.


What does contract law recognise about consumers?

That consumers may have very little choice when making contracts between businesses.


How does contract law bring greater equality between the parties?

Contract law provides some rights for consumers.


Give an example of contract law provides some rights for consumers?

That goods must be of satisfactory quality and fit for purpose.