Rule of law - section A

Question 1

laws

Answer 1

• A set of rules created (usually) by lawmakers acting on behalf of the state, which are imposed on all citizens of the state
• Laws regulate conduct of citizens towards each other and impose sanctions for non-compliance - ensuring social control and order
• Our laws are usually made by parliament (sovereign lawmakers) or judges (common law)
• Laws are written down and published and apply equally to everyone
• Theft act 1968

Question 2

rules

Answer 2

‘A general norm, mandating or guiding conduct’ - Twining and Miers
* Often they apply to sports, schools and games etc
* Rules can differ between institutions
* Rules can be ‘unwritten’ E.G religious customs or community expectations
* Smart clothes at school

Question 3

sources of english law

Answer 3

• common law
• statute law
• customs

Question 4

common law

sources of english law

Answer 4

• Judges would make them from cases (judicial precedent - ratio decidendi) - binding legal rule
• Unwritten law
• Can only be done for statute law
• Murder is common law - never been stated in an act

Question 5

statute law

sources of english law

Answer 5

• An act of parliament - sovereign/supreme lawmakers (elected)
• Parliament can change and amend
• Useful in new situations
• Stays democratic
• Human rights acts

Question 6

customs

sources of law

Answer 6

• Rules from traditions established
• Judges will make decisions for that area
• Judges - never been appointed

Question 7

morality

Answer 7

• Social norms on acceptable behaviours
• Religion , family , own

Question 8

justice

Answer 8

• Outcome
• Fair , equality , harmony

Question 9

AV Diceys