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16 Cards in this Set
- Front
- Back
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What was said in Entick v Carrington regarding the rule of law?
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"If it is law, it will be found in our books. If it is not to be found there, it is not law."
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What does John Locke say about the rule of law?
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"Wherever law ends, tyranny begins."
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What is the basic notion of the rule of law?
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No-one may exercise power unless it has been granted to him by law.
-The rule of law promotes equality and acts as a restraint on governmental power. |
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What are the suggested principles of the rule of law?
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-government under the law- the idea of formal equality.
-laws must not require the impossible. -like cases must be treated alike. -laws must not be retroactive. -cases must be tried by an independent judiciary. -the courts must be accessible to all citizens. -the courts must have the power to review adherence of state authorities to the other principles. |
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What does Jeffrey Jowell state regarding the rule of law and formal equality?
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"as long as laws are applied equally, that is without irrational bias or distinction, then formal equality is complied with."
FORMAL EQUALITY DOES NOT PROHIBIT UNEQUAL LAWS. |
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What does Waldron state regarding 'government under the law?'
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"by subjecting everyone to the law we make ourselves, in a sense, equal again."
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Which case displays that the law is the same or everyone, police officers and citizens alike?
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Pedro v Diss
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Which case displays that all actions taken by the government must be justified by legal authority?
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Entick v Carrington
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Which case shows that the law binds the government as well as the governed?
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M v Home Office [1992]
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Which case shows that interference by the government must be 'prescribed by' or 'in accordance with' the law?
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Malone v UK
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Which case shows that the government must be able to point to specific legal authority to justify their actions?
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Ex parte Fewings & Others
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Which case shows that law must not be retrospective?
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Phillips v Eyre
-the courts will not ascribe retrospective force to new laws affecting rights unless by express words or necessary implication it appears that such was the intention of the legislature. |
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Which case shows that laws must be sufficiently clear?
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Hashman & Harrup v UK
- the finding that their behaviour had been 'contrary to a good way of life' was too vague and unclear to satisfy the sufficiently clear requirement. |
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Which case shows that people must have access to the courts and be tried before an independent judiciary?
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R v Lord Chancellor ex p Witham
-a statutory instrument which increased court fees and removed the exemption for those claiming income support was ultra vires, as it meant that not everyone had the same access NOW UPHELD BY ARTICLE 6 ECHR. |
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What does Dicey state in relation to the rule of law and control orders?
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"no man is punishable or can be lawfully made to suffer...except for a distinct breach of law established before the ordinary courts of the land."
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Which case displays a possible 'watering down' of the rule of law, and what happened?
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R (corner house research and another) v Director of the Serious Fraud Office
-The High Court held that the defendant failed to appreciate the protection of the rule of law, which demanded that he should not yield to a threat. -However, the House of Lords maintained that the director was lawfully allowed to make such a decision, taking into account national security, and the appeal was allowed. |
