Law + Morality - Rule of law

Nature law theory

It argues that law and morality are closely linked

Legal povitism

Rejects nature law theory

Law and morality are separate concepts

Moralism + person

Devlin - Homosexual acts are a threat so the law should continue to intervene

Libertarianism + person

Hart - Homosexual acts were a private matter so the law had no business interfering

Rule of law

Law applies equally to everyone and no one is above the law

Professor diceys three features on rule of law

No punishment without the law

No one above law

Judicial decisions protect rights of citizens

Key points form the rule of law in Modern Britain (Constitutional reform act 2005)

Law should apply to all

Must protect human rights

Law must be accessible and fair to all which allows for predictability and certainty

Shaw vs DPP

Ran a prostituation service

Found guilty - Moralistic approach

R v Brown

Men engaged in sadomasochism

Found guilty

What does judicial decisions protecting the rights of citizens mean

Citizens rights protected by not just parliamentary laws but also judges interpreting and applying law

What is morality

Creates a sense of what is right and wrong

Hart v Devlin debate

Centred around wolfenden report which explored whether homosexuality should be a crime

John stuart mills view

Law should only interfere when harm is caused to others