Rule of Law

• What is the rule of law?

  • No person should be sanctioned except in accordance with the law
  • All are equal before the law
  • Fairness and clarity of the law
• Rule of law is a safeguard against dictatorship
• How is the rule of law a safeguard against dictatorship?

  • Government and officials accountable under the law
  • No single branch of government can exercise unlimited power
  • Checks and balances to maintain these
• Who proposed three elements that created the rule of law?

  Dicey
• Who followed Dicey's principles but felt the rule of law had become diluted?

  Von Hayek
• Who saw the rule of law as 'acting to minimise the danger of the use of discretionary power in an arbitrary way'?

  Raz
• What were the three elements proposed by Dicey that created the rule of law?

  1. An absence of arbitrary power on the part of the state
  2. Equality before the law
  3. Supremacy of ordinary law
• 1 . Absence of arbitrary power on the part of the state (Dicey)


  State's power must be controlled by the law - preventing the state having discretionary powers
• 2. Equality before the law (Dicey)

  No one above the law - those who carry out functions of state are account but doesn't take into account differences in wealth
• 3. Supremacy of ordinary law (Dicey)

  Different from concept of parliamentary supremacy - contradicts idea of arbitrary power
• Why did Von Hayek suggest the rule of law is diluted?


  If actions of state permitted by act of Parliament, anything done in accordance with it is lawful
• What did Von Hayek also suggest was a conflict with the rule of law?

  Regulating economic activity
• What were Raz's key principles for the rule of law?

  1 . Clear rules and procedures

  2 . Independence of judiciary guaranteed

  3 . Principles of natural justice should be observed

  4 . Should have power to review way other principles are implemented
• Under the rule of law, the process which laws are made must be open and fair
• How does the rule of law apply to criminal procedure?

  Every defendant has the right to a fair trial

  Independence of judiciary guarantees freedom of judges

  Trial by peers maintains fairness and protecting citizens rights

  No person can be imprisoned without a trial
• How does the rule of law apply to criminal procedure?

  Everyone can resolve their disputes through civil justice system

  System should be free from discrimination/corruption

  System should be accessible and affordable
• Human Rights are central to the modern interpretation of the rule of law