W2 L2- The Rule of Law

What is the Rule of Law?

A philosophy stating that society should be governed by laws, not by the arbitrary use of power.

What are the key requirements for how the law should be made?

Laws should be made by elected representatives, through a transparent parliamentary process, and interpreted by an independent judiciary.

Why should laws be made by elected representatives?

Because representatives are chosen by the people and should reflect the values and interests of citizens.

How is the parliamentary law-making process transparent?

Because laws must pass through multiple stages of debate, scrutiny, criticism, and amendment so the public can see how laws are formed.

How does an independent judiciary support the Rule of Law?

Judges interpret and apply the law independently from government, ensuring laws are applied fairly and consistently.

What characteristics should a law have under the Rule of Law?

People should know the law, laws must be prospective, laws should reflect moral obligations, and laws must be clear and understandable.

Why must people know the law?

People must understand what is legal or illegal before acting, and “ignorance of the law is not an excuse” only works if laws are public and accessible.

Why must laws be prospective rather than retrospective?

People should not be punished for something that was not illegal at the time they acted, because retrospective laws are unfair and create uncertainty.

Why should laws reflect moral obligations?

Laws ideally align with commonly accepted moral values in society, so that citizens are more incentivized to follow them

Why must laws be clear and understandable?

Laws should not be ambiguous or contradictory and must specify who they apply to and when they are legally binding, so that the general public can understand them

What does it mean for law to be applied fairly?

Laws must be applied openly and consistently, with courts providing transparent reasoning and accessible decisions, and judges must be unbiased.

What does it mean for law to be applied equally?

Everyone should be equal before the law, the law must not discriminate unfairly, and government is legally accountable to the same laws as citizens.

To whom should the law apply under the Rule of Law?

Everyone, including government officials; no one is above the law, and application must be universal, consistent, and non-discriminatory.