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Class notes AS Level Law 9084
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Covers Rule of law. Each view includes points on both good and bad. Notes will be highly beneficial for AS Level Law 9084 students.
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CAIE LAW (9084)1.3 The Rule of Law and its application
• What is the Rule of law
• Views on the rule of law: Dicey, Von Hayek, Raz
• Problems on each view of law: Dicey, Von, Hayek, Raz
• The rule of law and its law-making processes
• The rule of law and the legal system
• The rule of law and the substantive law
The rule of law
• The rule of law is a symbolic idea, the main principle to it is that all people are subjected
to it and are accountable to the law that is considered fair. It supports democracy as even
the government and its officials are also accountable when it comes to the law.
Example: Police may only arrest an individual for an offence according to a statutory rule
such as Police and Criminal Evidence Act 1984
All laws in the country must be fairly enacted, administrated and enforced fairly.
Dicey • Absence of arbitrary power on the part of the
state
• Equality before the law
• Supremacy of ordinary law
Von Hayek • Absence of arbitrary power on part of the state
• Rule of law weakened due to interventionist state
• Modern state is more involved in regulating
economic activity than the rule of law.
Raz • Clear rules for making laws
• Judicial independence must be guaranteed
• Principles of natural justice should be observed
• Courts should have power to regulate the other
principles implemented
Problems with Diceys view on the rule of law
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