the rule of law (chap2)

• What is the concept of the rule of law?

  It safeguards against dictatorship.
• Who is accountable under the rule of law?

  Government and public officials.
• What does the rule of law ensure about government power?

  It prevents unchecked exercise of power.
• What are the key principles of the rule of law?

  • No person shall be sanctioned except by law.
  • Equality before the law.
  • Fairness in the application of the law.
• What is the significance of the rule of law in society?

  All people are subject to the law.
• Who introduced the concept of the rule of law in the 19th century?

  Professor A.V. Dicey.
• What did Dicey believe distinguished English law?

  Absence of arbitrary power.
• What are the three elements of Dicey's rule of law?

  Absence of arbitrary power, equality before law, supremacy of ordinary law.
• How does Dicey view the role of discretion in law?

  Discretion should not be exercised arbitrarily.
• What is the significance of the supremacy of ordinary law?

  It ensures laws are applied consistently.
• What does the rule of law imply about parliamentary acts?

  Parliamentary acts override other laws.
• What did von Hayek believe about the rule of law?

  It prevents arbitrary power by the state.
• How did Joseph Raz define the rule of law?

  As a way to control discretion.
• What principles did Joseph Raz set for the rule of law?

  1. Clear rules for making laws.
  2. Guaranteed independence of judiciary.
  3. Conservation of natural justice principles.
  4. Courts should review implementation of principles.
• Why is trial by jury important?

  It protects citizens' rights.
• What must every defendant in criminal cases have?

  A fair trial.
• What happens in countries where the rule of law is disregarded?

  People may be detained without trial.
• What is the impact of the rule of law on civil justice?

  It prevents discrimination and corruption.
• What has increased in civil dispute resolution?

  Alternative, cheaper ways to resolve disputes.
• What is substantive law?

  • It defines key rights and responsibilities.
  • It includes criminal law and regulatory offences.
  • It must be clear and enforceable.
• What is the aim of criminal law?

  To prosecute individuals for crimes.
• What must the prosecution prove in criminal cases?

  The defendant committed the offence.
• What is the role of tort law?

  To protect individuals and property rights.
• What does the Consumer Rights Act (2015) provide?

  Wider rights for consumers regarding goods.
• What is a key principle of human rights law?

  It must be applied without discrimination.
• What does the right to a fair trial ensure?

  Access to law for legal claims.