Studied by 12 people
What is the criminal law?
they create criminal offences and punish those who commit them
What is the civil law?
they do NOT aim to punish but to compensate those whose rights have been violated
Difference between enforceable legal rules, principles and norms of behaviour
norms of behaviour:
ought to be obeyed
are enforced by disapproval of the community; apply only to those who accept them
enforceable legal rules:
must be obeyed
apply to everyone
What are the statute, custom, common law?
statute law is created by Parliament through legislation.
custom law comes about through custom or practice involving the disapproval of the community rather than formal punishment if they are broken
common law refers to laws that have been developed by the judicial decisions
rule of law (def.)
all people are subject to and accountable to law that is fairly applied and enforced; The process by which the laws are enacted, administered must be fair
Dicey’s views and problem with it
an absence of arbitrary power of the state
everyone must be equal before the law
law must be supreme
however, it conflicts with principle , that of parliamentary supremacy; also refers to formal equality, disregards difference of ppl in terms of wealth, power.
other views of the rule of law
von Hayek - believed that rule of law weakened by an interventionist state adn modern stae is involved in regulating economic activity in conflict with rule of law
Jo Raz - clear rules and procedures; judicial independence; principles of natural justice; courts should have power to review
rule of law and law making
the process by which laws are made must be open and fair
parliament can also delegate its powers - must pass an Act granting power to make regulations
independence of judiciary
rule of law and legal system
every D in criminal cases must have a fair trial - trial by jury
no person can be imprisoned without a trial
system free from corruption and discrimination
should be accessible and affordable
rule of law and substantive law
criminal laws aim at protecting people, such as murder non fatal offences
civil laws aim at protecting people, their rights and property and give the right to give compensation for damage caused
HR law supports the rule of law eg all rights must be applied without discrimination, the right can be taken away only if it is in accordance w law
difference between substantive and procedural law
substantive theory in planning is concerned with the underlying principles and values that guide planning decisions, whereas procedural theory in planning focuses on the processes and methods used to formulate and implement planning policies.
