Rule of law

• The three central elements of the rule of law

  • No person shall be sanctioned (held responsible) except in accordance with the law
• The state should not have this kind of power

  Arbitrary power
• Methods by which the government‘s actions can be controlled by courts

  • Statutory interpretation
  • Issuing injunctions
• The making of law in the UK is open and fair because…

  • public participation
  • parliamentary process
• Rule of law applies to UK criminal law because the prosecution must do this

  Must prove the defendants guilt beyond a reasonable doubt
• Rule of law applies to tort because it enables…

  enables individuals to seek remedies for wrongs
• The rule of law applies to contract law because it intervenes to make these transactions fairer…

  By ensuring that agreements are legally enforceable
• Bingham’s 2 main additions to Dices formulation

  • Human rights
  • International law