Rule of Law - Constitutional Law

What is the rule of law?
A constitutional principle that power should be exercised in a manner consistent with the law and that the law should show certain characteristics
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A theorists key elements?
Denning: no one is above the law, everyone is innocent until proven guilty, the judiciary should be strong and independent
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Two concepts of ROL?
Substantive and formal
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What is the prevailing view?
All are subject to and equal before the law
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The purpose of ROL?
To allow us to live our lives with certainty and to control the actions of those who have power over us
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Formalist view?
Argue that the purpose of the ROL is to provide a clear framework of laws; so that individuals can be certain where they stand: positivism
6 of 10
Substantive view?
Argue that the purpose of ROL goes beyond providing a clear framework of laws, in that the law itself should also possess an internal morality (Fuller) and integrity (Dworkin) and provide protection for individuals against state/fellow individuals
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Philosophical view?
Law above man, religious natural law, international nature law
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Political aspect of ROL?
Conservatism (Dicey) a man is free unless and until there is a law
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Legality aspect of ROL?
Legality (Alan) every invasion of personal rights requires specific legal authority
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Other cards in this set

Card 2

Front

A theorists key elements?

Back

Denning: no one is above the law, everyone is innocent until proven guilty, the judiciary should be strong and independent

Card 3

Front

Two concepts of ROL?

Back

Preview of the front of card 3

Card 4

Front

What is the prevailing view?

Back

Preview of the front of card 4

Card 5

Front

The purpose of ROL?

Back

Preview of the front of card 5
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