AQA A level Law - The rule of Law

How is the rule of law defined?

• A principle where overrules European law

• A principle under which all persons, institutions, and entities, no matter what, are accountable to the law

• Where are laws are found and coexist

• A principle where there is a dictatorship

Which of these are the main principles of the Rule of Law (3)

• There must be fairness and clarity of the law

• There must be an absence of arbitrary power on the part of the state

• There is equality before the law

• No person shall be sanctioned or arrested except in accordance with the law - This is in both civil and criminal cases

How many elements does Dicey have in which created the rule of law

• 2

• 4

• 3

• 6

2 of Dicey's elements of the rule of law are 'Equality before the law' and 'Supremely of ordinary law', what is his third?

• fairness and clarity of the law

• The independence of the judiciary

• Democracy

• An absence of arbitrary power on the part of the state

What did Von Hayek believe the 'rule of law' had become?

• Become more powerful

• Become unequal

• Become weaker

Why did Von Hayek believe that the 'Rule of Law' had become weaker? (2)

• Actions of the state were authorised by legislation, so any act in accordance with this legislation was lawful

• English law isn't above European law.

• Not everyone was equal in terms of wealth and power

• The modern state is directly involved in regulating economic activity - in conflict with the rule of law

What year was academic, Joseph Raz born in?

• 1938

• 1928

• 1939

• 1945

What did Joseph Raz recognise that the Rule of Law was doing?

• Was a way of supporting arbitrary power

• Promoting inequality

• Was a way of controlling discretion rather than preventing it completely

Which of these are Joseph Raz's principles (Clue more than 1 :)).

• There should be clear rules and procedures for making laws

• The independence of the Judiciary must be guaranteed

• The principles of natural justice should be observed

• The courts should have the power to review the way in which the other principles are being implemented to ensure that they are being operated as demanded by the rule of law

Explain why the independence of the judiciary must be guaranteed?

• To resolve disputes fairly in accordance with the law

• To allow judges to freely decide honestly and to carry out their roles without concern of interference, control, pressure by anyone

• To prevent strict exercise of power by government officials