Cards (7)

  • The rule of law ensures fairness in a democratic society by maintaining rights and duties. It prevents abuse of power by ensuring checks and balances in the legal system.
  • The Three Basic Principles of the Rule of Law:
    1. Equality Before the Law
    • Everyone is treated equally in the legal system.
    • No one is above the law, including members of Parliament.
    • Example: Some MPs were imprisoned for fraudulently claiming expenses in 2009.
    • 2.Innocent Until Proven Guilty
    • In criminal law, suspects are presumed innocent until guilt is proven.
    • Guilt must be proven beyond a reasonable doubt in a court of law.
    • 3.Access to Justice
    • Every individual has the right to use the justice system.
    • Legal aid cuts have limited justice access for poorer citizens, especially in family and child custody cases.
  • Human Rights Checks and Balances:
    The Human Rights Act 1998 ensures that UK citizens’ rights are upheld, but some rights are restricted for the public good.
  • Examples of Limited Rights:
    1. The Right to Privacy
    • Journalists sometimes invade privacy for news stories.
    • Example: In 2011, The News of the World was shut down after hacking celebrities’ and missing student Milly Dowler’s voicemails.
    • 2.Freedom of Speech
    • Speech can be restricted if used to promote extremism.
    • Example: The neo-Nazi group National Action was banned in 2016 under the Terrorism Act 2000.
    • 3.Terrorism Threats
    • Suspected terrorists can be held and questioned for 14 days without charge.
    • There have been political attempts to increase this detention period to 90 days.
  • Identify one principle of the rule of law in the UK.
    Access to justice; equality before the law; innocent until proven guilty.