the rule of law (A)

Question 1

rule of law definition?

Answer 1

a symbolic idea suggesting people are equal in the eyes of the law and everyone is subject to it with law being equally applied and enforced
it prevents a dictatorship supports democracy and protects individual rights

Question 2

academic Prof. Dicey’s theory?

Answer 2

3 factors which make up the rule of law
1. no punishment without law
2. no man is above the law
3. judicial decisions protects rights of citizens
- principle that a person cannot be detained without court authorisation
- everyone is equal before the law
- judicial laws is the most fair

Question 3

academic Hayek’s theory?

Answer 3

suggested rule of law is more dilute in theory today that]n it was in the 1800’s. most acts are permitted by parliament and if an act is followed it is not unlawful

Question 4

academic Lord Bingham’s theory?

Answer 4

principles which underpin RoL
1. law must be accessible, clear and predictable
2. must be applied equally
3. legal rights and liability should be resolved by the application of law

Question 5

what are the 4 cases demonstrating the Rule of Law?

Answer 5

Entick v Carrington - powers of the monarch and government are subordinate to the rule of the land

Burma Oil - destruction occurred before act passed so had to pay compensation still

Shaw v DPP - charged with offence not recognised at time of act

Fairchild - changed ‘but for’ to ‘materially increased risk’ but provided justice