Rule of Law

  • Created by: lclif97
  • Created on: 05-01-17 17:36
What is the rule of law?
a universal law that all man-made law and those exercising powers must conform to
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There are three branches of the rule of law. What are they?
accordance to the law, under the law and according to a higher law
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principle of legality is the idea that
no written law may be enforced unless it conforms to the principles of fairness, morality and justice
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Professor Raz suggested that law as a political theory or ideal should exhibit certin characteristics. These characteristics were:
prospective, open and clear, easily accessible and not ambiguous
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Dwarkin said that law should not be morally neutral. This was the idea of law as a
Substantive concept
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Law in the international field is the idea that basic human rights should be protected. The declaration of Deli insisted that law should involve the following:
Access to remedies, minimum standards for freedom and religion, non-retrospective punishments, a right to a fair trial and should be representative of the government
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Conceptsof law include the ideas that no person should be punished unfairly, every person is subjected to the law of the land and common law creates rights and liberties higher that the bill of rights. Who said this?
Dicey
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Why is judicial review important in upholdnng the rule of law?
Provies checks and balances against government abuse of powers, tyrannt and arbitrary.
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Other cards in this set

Card 2

Front

There are three branches of the rule of law. What are they?

Back

accordance to the law, under the law and according to a higher law

Card 3

Front

principle of legality is the idea that

Back

Preview of the front of card 3

Card 4

Front

Professor Raz suggested that law as a political theory or ideal should exhibit certin characteristics. These characteristics were:

Back

Preview of the front of card 4

Card 5

Front

Dwarkin said that law should not be morally neutral. This was the idea of law as a

Back

Preview of the front of card 5
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