The importance of the rule of law Flashcards
(30 cards)
What must the process in which laws are made be
Open and fair
What is one area that the lords have consistently voted against
Allowing trial in the crown court without a jury
What must parliament do to make statutory instrument
Pass an act granting a government minister power
What do parliament have the power to do to statutory instruments
Scrutinise and check them
Where can delegated legislation be challenged
In court through the process of judicial review
What must every defendant in a criminal case have
A fair trial
What is trial by jury important for
Maintaining fairness and protecting citizens rights
When can a person not be imprisoned
If they haven’t had a fair trial
What should the civil justice system be free from
Discrimination, corruption and influence of public officials
What is the legal system recognised for
Being impartial
What is a debate within the civil justice system
There have been major cuts to public funding of cases, while the costs of taking a civil case has increased
What has there been an increase in
Cheaper alternative ways of resolving civil disputes
What is substantive law
The law in the different areas of law
What does the substantive law of criminal law set out
Definitions of each offence
What does the substantive law of tort set out
What rights and responsibilities people owe each other
What does the substantive law of contract set out
The rules on issues such as when a contract is formed, what will make the contract void or breached
What does the substantive law of human rights set out
The various rights that individuals are entitled to expect
What are criminal laws aimed at
Protecting people
What are other offences aimed at
Protecting a persons property or preventing disruptive behaviour
What do regulatory offences aim to do
Prevent pollution, ensure food is fit for consumption and driving offences
What do all offences have
A stated maximum penalty
What sentence do the courts usually impose
One lower than the maximum allowed
