nature of law AO1

Cards (14)

  • legal rule - tell us what to do and creates rights
  • legal principles - the underlying reasons why we have the rules
  • criminal - public, bop on p, beyond reasonable doubt
  • civil law - private, bop on c, balence of probabilities
  • 1215 - magna carta
  • 1998 - human rights act
  • 2009 - creation of the supreme court
  • common law - judges make law, adversarial trials, some evidence is inadmissable, judges make law
  • civil law - statutes, inquisitorial trials, all evidence used, judges don't make law
  • rule of law - dicey - no man is above the law, habeas corpus, judicial decisions protect right of citizens
  • habeas corpus - no punishment without the law
  • plato - the law is the master of gov and the gov is the slave
  • aristotole - the rule of law is prefereable to that of any individual
  • entick v carrington - the power of the state is limited to what the law allows