Intro to the Nature of Law

Cards (7)

  • What is the rule of law?
    the political philosophy that all citizens and institutions within a country, state or community are accountable to the same laws, lawmakers and leaders. It's defined as 'the mechanism, process, institution, practice or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of gov, and more generally prevents arbitrary use of power'
  • The Case of Proclamations (1610)

    Held the king did not have the legal power to create new offences- the king was under the rule of law. However, today we have orders in council...
  • There is no written codified constitution in the UK. The UK is a constitutional monarchy so the responsibility of making political decisions is left to the gov and parliament. Parliament plays a vital role in upholding the rule of law in the UK's constitutional system. Both the HoL and HoC are important to ensure that the gov is abiding by the rule of law and that proposed legislation is not in the breach of the rule of law.
  • What is the UK's 'unwritten constitution'?
    the rule of law, parliamentary sovereignty and the rulings of the courts are all examples of the 'unwritten constitution'. There is no definition of the rule of law but essentially it indicates that no one is above the law and everyone must be obedient to it
  • What are some examples of people above the law?
    Jeffery Epstein, Boris Johnsons party gate and Matt Hancock
  • Who is the rule of law closely related to?
    A.V Dicey
  • Dicey says, in line with the concept of Parliamentary Sovereignty, the rule of law is one of the Twin Pillars of the British Constitution.