the rule of law

rule of law

cannot be sanctioned unless in accordance with the law

equality, fairness and clarity

government officials accountable under the law

no single gov. apartment can have unlimited power

A.V Dicey

1. the states power is controlled by law and an independent judiciary, so not arbitrary

2. equality before the law (incl. public funding)

3. supremacy of ordinary law

F.A von Hayek

anything can be done if in accordance with an Act of Parliament

Joseph Raz

rule of law minimises arbitrary use of discretionary power

principles of natural justice (open and fair hearing)

law making

by Parliament > process (debates, voted, checks)

can delegate legislation, parent Act > judicial review

independence of the judiciary

criminal procedure

fair trial - cannot be imprisoned without trial

independence of judiciary

trial by peers (magistrates and jury)

substantive law in HR

central to modern interpretation of rule of law (eg right to a fair trial)

substantive law in criminal

maintain law and order

(prove beyond reasonable doubt, maximum penalty)

substantive law in civil

protecting individual’s rights

claim compensation