Rule of law

• What is Raz principles

  1)courts should review cases and laws

  2)clear rules and procedures

  3)independent jury
• What does Joseph raz think rule of law is

  A way of controlling rather than preventing
• What are Diceys principles

  1)supremacy of ordinary law (judicial decisions)

  2)equality before law

  3)absence of obligatory power
• Problems with academic views

  1)An act of parliament can overrule any law

  2) laws passed by government cannot be judged by judicial views
• Advantage of ROL

  Right to fair trial

  supports democracy

  no one’s above the law
• Disadvantage of ROL

  Power of rule making and regulations for each and every law
• What is law making?

  should be open and fair

  natural law is delegated legislation

  all acts of parliament should be passed by both houses

  HOL is a check on HOC