A constitutional principle that power should be exercised in a manner consistent with the law and that the law should show certain characteristics
1 of 10
A theorists key elements?
Denning: no one is above the law, everyone is innocent until proven guilty, the judiciary should be strong and independent
2 of 10
Two concepts of ROL?
Substantive and formal
3 of 10
What is the prevailing view?
All are subject to and equal before the law
4 of 10
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
5 of 10
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
7 of 10
Philosophical view?
Law above man, religious natural law, international nature law
8 of 10
Political aspect of ROL?
Conservatism (Dicey) a man is free unless and until there is a law
9 of 10
Legality aspect of ROL?
Legality (Alan) every invasion of personal rights requires specific legal authority
10 of 10
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
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