Law + Morality - Rule of law
Studied by 0 people
Learn
Practice Test
Spaced Repetition
Match
Flashcards1/8
There's no tags or description
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
|---|
No study sessions yet.
9 Terms
Nature law theory
It argues that law and morality are closely lined
Legal povitism
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