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4 Cards in this Set
- Front
- Back
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What's Rule of Law |
the rule of law is widely acknowledged to be an essential component of a good constitution. it's concerned with constraining (compel or force someone to follow a particular action) government action |
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Dicey's 3 Points Description of Rule of Law |
1. No man is punishable or can be made to suffer in bodily or goods except in a distinct breach of law established in ordinary legal manner before the ordinary courts of the land 2. No man is above the law... every man whatever his rank or condition is subject to the ordinary law of the realm... every official from the Prime Minister down.. is under the same responsibility for every act done without legal justification as any other citizen... 3. the general principles of the constitution a(s for example the right to personal liberty or the right of public meeting) are .. the result of judicial decisions determining the rights to private persons |
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Dicey's Three Rule of Law Simplified |
1. it means predominance of law in preference to wide discretionary, arbitrary power (supremacy of law) 2. it means that every one is equal subjects to law (equal subjection to the law) 3. principles of British constitutional law compare to other countries doesn't originate in a higher constitutional code. they come from ordinary law found in judicial decisions (the Common Law basis of individual rights) |
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Bingham's 8 Rules of Law |
1. Law must be accessible, clear and predictable 2. Question of legal right and liability should normally be dealt with under the law and not by discretion 3. The laws of the land should apply equally to all unless there are objective differences 4. Minister and Public officers must act in good faith, for the purpose for which the powers were conferred, without exceeding the limits of such powers and not reasonably 5. The law must protect Human Rights 6. Genuine civil disputes must be resolved without undue cost or delay 7. Adjudicative procedures should be faint 8. International law must be compiled with |
