Rule of law

What is the definition of the Rule of Law?

The principle that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made and administered in the courts.

What are the three features of Dicey’s Rule of Law?

1) Supremacy of law over arbitrary power; 2) Equality before the law; 3) Rights arise from judicial decisions (common law), not constitutional declarations.

What does Professor Fiadjoe emphasize in his interpretation of the Rule of Law?

That the rule of law in the Caribbean means the exercise of state power according to law and the subjugation of state power to the Constitution.

Why is constitutional supremacy important to the Rule of Law in the Caribbean?

It ensures that all public authorities are accountable to a higher legal standard and cannot act above or outside the Constitution.

What case affirmed that Parliament cannot delegate legislative powers to a body other than Parliament?

Hinds v R (1977)

What did Maharaj v AG (No. 2) establish about the Rule of Law?

It confirmed that the judiciary must adhere to fair trial principles and that breaches can result in constitutional redress.

How does the Rule of Law relate to judicial review?

Judicial review allows courts to ensure that public authorities act within the limits of their legal and constitutional powers.

What is the significance of Watson v Fernandes (1991)?

It highlighted that public officials must act legally and cannot abuse discretionary powers.

What was the principle established in AG of Jamaica v Currie (1992)?

Public officials are accountable under the Constitution and cannot violate rights without justification.

What is the principle of legality?

The government must act based on laws that are clear, accessible, and not retroactive.

What did Lord Bingham add to the concept of the Rule of Law?

He included protection of human rights, access to justice, and equality before the law as key components.

What is a major criticism of Dicey’s theory?

It ignores social and economic rights and is outdated in systems with entrenched constitutional supremacy.

How does the Rule of Law limit executive power?

It requires that executive actions be authorized by law and subject to legal constraints and judicial scrutiny.

What is the importance of due process under the Rule of Law?

It ensures individuals are treated fairly and lawfully by state authorities, particularly in legal and administrative proceedings.

What did the case Minister of Home Affairs v Fisher (1980) say about constitutional interpretation?

It promoted a generous and purposive approach to protecting fundamental rights under the Constitution.

Why is equality before the law important?

It ensures that everyone, regardless of status or office, is held to the same legal standards.

What is the relationship between the Rule of Law and fundamental rights?

The Rule of Law protects individual rights by ensuring that laws do not arbitrarily infringe on personal freedoms.

How does the Rule of Law promote accountability?

It binds public officials to act within legal and constitutional limits, subject to oversight by courts.

What is judicial independence and why is it essential to the Rule of Law?

It ensures judges can decide cases impartially, without influence from the executive or legislature.

What is the Rule of Law’s role in constitutional democracies like Jamaica?

It underpins the legal system by ensuring that power is exercised according to law and aligned with constitutional norms.