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The Rule of Law - Coggle Diagram
The Rule of Law
Legal Academics:
AV Dicey:
- A states power is not limitless and must be controlled by the Law and challenged (judicial review) - Theoretically the government can make any laws they want.
2. Everyone is equal in the eyes of the Law. The rule of law applies to all as seen the the Magna Carter 1215. However more money = easier access to justice.
- The law must be supreme. Parliament can overrule any governing body as well as create any laws they wish.
Von Hayek:
Agreed with Dicey but suggested that the RoL was perhaps more "dilute" in todays society. Today most actions are permitted by an Act of Parliament.
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Lord Bingham:
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Law must be accessible, clear and predictable
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Definition:
The rule of law is a symbolic idea which in basic terms suggests that all people are equal in the eyes of the law, therefore all people are subject to it and the law should be equally applied and enforced.
NO ONE IS ABOVE THE LAW
(or, are they?) - Judges enforce the law. and create by way of precedent. Suggests that they don't have to follow it?
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