Summary
Summary Rule of Law
- Institution
- AQA
Rule of Law Law AQA Rule of Law Chapter 2 of the Law AQA Textbook Year 1. Goes over: Rule of Law, Diceys View and other views.
[Show more]
Seller
Follow
Content preview
Key Terms Other Academic Views Substantive Law Academic ViewsRule of Law: No one is above the law F.A von Hayek agreed with Dicey Substantive means the law in the A.V Dicey believed that the Rule of
the framework that underpins open, that the key component of the Rule different areas of law. Whatever the Law was an important feature.
fair and peaceful societies. of Law is the absence of any area of substantive law people have He said there were three elements
arbitrary power on the part of the key rights, and the law should not that created the Rule of Law:
Rule by Law: Governing authority are state. be oppressive. • An absence of arbitrary power of
above the law and have the power to But Hayek thought the Rule of Law the state
create and execute law. was getting weaker because Human Rights Law and The — The states power must be
provided actions of the state were Consumer Protection Act both controlled by the Law. The Law
Arbitrary: Depending upon choice or authorised by legislations any act in follow the Rule of Law must set limits on what the state
discretion accordance with this legislation can or cannot do.
was lawful.
Concept of the Rule of • Everyone must be equal before the
Law
Law
RULE OF LAW
— No person must be above the Law
no matter what your background is.
The Main principle of the Rule of Law
is that everyone is subject to the Law • The Law must be supreme
which is applied fairly. The process by — Today most Laws are through
which the law are enforced should be Questions: legislation.
fair. 1) Explain Professor Dicey’s three elements of the Rule of Law
2) What are the problems with Dicey’s principle? Problems with Dicey’s Views
The Rule of Law is a safeguarding 3) Difference between Rule of Law and Rule by Law. • Limited Flexibility
mechanism against dictatorship it — Dicey’s model doesn’t account for
supports democracy. This is because the modern welfare state.
the government and its officials are • Formal Equality
accountable under the law. — Treating everyone the same under
the Law doesn’t address deeper
Principles: inequalities in society, like
• No person shall be sanction except discrimination and poverty.
in accordance with the Law. • Judicial Power
• Equality before the law — Relying heavily on courts can give
• Fairness and Clarity of the Law judges too much influence, even
though they aren’t elected
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller am3li3af0ns0. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now