3: Rule of Law

• Rule of Law will not be upheld unless there is fairness, equality and liberty
• Rule of Law ensures that the law is certain and predictable, allowing access to justice for everyone

  People can challenge authority's decsion
• Montesquieu's theory: Separation of powers

  There are 3 arms/functions enforcing the separation of powers:

  1. Legislature - Parliament makes the law
  2. Executive - Government agree on and discuss the law
  3. Judiciary - Judges apply the law in court
• Montesquieu's theory prevents unfairness and bias, allows balance of powers and upholds rule of law to protect the public
• Dicey's 3 elements to rule of law

  1. No man is punishable except when breach in law
  2. No one is above the law
  3. Judge-made laws