Week 2- The Rule Of Law Flashcards
Rule of law
Serves to ensure that laws are just and applied evenly across social divides and that power doesn’t coalesce amongst a small group of people or in an individual
5 core elements of the rule of law
1- fairness 2- rationality 3- predictability 4- consistency 5- impartiality
Separation of powers
For laws to be fair and impartial, power can’t be given to a single branch
Executive branch
The executive government puts the law into action. Power to veto any laws proposed by parliament if they believe the law is unconstitutional
Legislative branch
Paliment has power to make or change laws. Parliament is elected by the people and their decisions on legislation should mirror the will of the people they represent
Judicial branch
The judiciary or the courts evaluate and apply laws.
They aren’t elected and where there is no precedent for the law to be applied they have to seek a higher level of legal and moral policy to make a judgment
3 branches separation of powers
Executive branch
Legislative branch
Judicial branch
Inherent rights
The fundamental right a person has
Constitution
Body of fundamental principles
Coalesce
Come together to form one mass or whole
Arbitrary
Random choice or personal whim
What is the narrow meaning of the rule of law
Focuses only on the equal application of the law but doesn’t consider the morality of law in question. As long as everyone is held to the same standard whether the law is good or bad is irrelevant
What is the broader meaning of the rule of law?
Looks at the law themselves as well and argues that the rule of law should ensure that all laws embrace human rights and uphold fundamental freedoms such as the presumption of innocence and the freedom of speech
