The rule of Law

What is the rule of law?
Foundational- Basic understanding that everyone, that everyone, private individuals, corporations and government, is subject to law. Contested- To what extent does it actually apply to the government? This is debated by the government itself.
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What are Dicey's principles?
1. Government under law, 2. equality under the law. 3. Common rights law
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1. Government under law- Everyone, including the king or his agents, are bound under the common law.
A good case for this is Entick v Carrington [1765]. But, Dicey has a small government attitude, doesn't want government to do stuff unless organised by Parliament.
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2. Equality before the law- All classes, the same law are applicable to all people. No special courts, no special laws
3. Common Law rights- Reflects the general British rejection of written constitutions and declarations of rights. It is, however, generally considered to be outdated.
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What is Lord Bingham's opinion? (Considered a modern approach and Dicey is considered more traditional)
All persons and authorities within the state, whether private or public, should be bound and entitled to the benefit of laws publicly made, taking effect in the future.
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What does this mean?
Government is bound by the law, we all have the right to be protected under the law and an access to justice. The law should be open and transparent manner, so everyone knows what the law is
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Other cards in this set

Card 2

Front

What are Dicey's principles?

Back

1. Government under law, 2. equality under the law. 3. Common rights law

Card 3

Front

1. Government under law- Everyone, including the king or his agents, are bound under the common law.

Back

Preview of the front of card 3

Card 4

Front

2. Equality before the law- All classes, the same law are applicable to all people. No special courts, no special laws

Back

Preview of the front of card 4

Card 5

Front

What is Lord Bingham's opinion? (Considered a modern approach and Dicey is considered more traditional)

Back

Preview of the front of card 5
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