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.
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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
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