LAW- ELS - RULE OF LAW

what are legal rules

legal rules are rules that are obligatory and apply to everyone, they are enforced by the courts , can be changed instantly

eg dont drive under the influence of alcohol

what are norms of behaviour/moral rules

norms of behaviour are rules that have developed over time and ought to be obeyed , they are voluntary but enforced by disaproval of the community

dont cheat on your gf

what is the definition of rule of law

• whilst no official definition

‘ all people are subject to and accountable to law that is fairly applied and enforced’

safeguards against dictatorship as everyone including the gov must follow law

what did tony honore say about the rule of law

for the rule of law to exist

• no person shall be sanctioned except in accordance with the law (no false imprisonment)

• there must be equality before the law

• there must be fairness and clarity of the law

what 3 elements did dicey believe created the rule of law

• an absence of arbitrary power of the state (states power controlled)

• equality before the law

• supremacy of ordinary law

what are some criticisms of diceys view on the rule of law

• conflicts with parliamentary supremacy , act of parliament can overule any law - so contradicts their being no arbitrary power of the state

• diceys point of equality before the law disregards the differemces between peoples circumstances, taking case to court very costly so to make sure the poor can enforce their rights and be equal under the law its neccesary to have state financing for some

what was von hayek’s view on the rule of law

• agreed with dicey that the key component of rule of law is the absence of any arbitrary state power

• hayek believed the rule of law had become weaker as provided states authorised their actions by legislation - anything they did was lawful

• also pointed to the state interfereing in economic activity as confliciting with the rule of law

how does the rule of law affect law making

• legislation has to pass through hoc and hol . will be debated on

• the house of lords excercises checks on the law making process , have voted against crown court trials without a jury

• gov delegated leg , must pass an enabling act , scrutinity functions exist

how does the rule of law affect the legal system

• outlines every defendant must have a fair trial,

• no person can be imprisoned without trial (tony honore no person can be sanctioned except in accordance w the law)

• in civil law the system must be accessible and affordable (equality before the law - poor can bring cases)

• civil law system must be free from discrimination - resolve disputes effectively

how does the rule of law effect substantive law

• for all offences the law has to be clear \(tony honore fairness and clarity of the law)

• offences have a stated maximum penalty and courts cant exceed this (dicey - arbitrary power of the state

• public funding in tort no longer avaiilable - not equality before the law (dicey)