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The Nature of Law

The Rule of Law: Core Requirements

  • 3 things to know
  • All three papers

Overview

Recall questions on Dicey's three elements, the ban on retrospective law and arbitrary punishment, equality before the law, clarity and accessibility, independent courts and the difference between the rule of law and rule by law.

What you need to know

Answer each one before you reveal it.

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Key term

What is the rule of law?

Key term

What does equality before the law require?

Key term

Why is accessible language in legislation considered essential to the rule of law?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the rule of law?

    Model answer

    A constitutional principle that requires all persons and institutions, including the government, to be accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.

  2. 2

    Why must laws be publicly promulgated under the rule of law?

    Model answer

    So that all persons can know what the law requires and can be held accountable to it; secret laws cannot provide fair notice.

  3. 3

    If a government passed a law today making yesterday's lawful protest a criminal offence, which rule of law principle would this violate?

    Model answer

    The principle that sanctions must accord with established law in force at the time of the alleged wrongdoing; laws must be prospective, not retrospective.

  4. 4

    Why does the rule of law prohibit arbitrary punishment by state authorities?

    Model answer

    Because the principle requires that all sanctions must have a legal basis; punishment without such basis is prohibited.

  5. 5

    What does equality before the law require?

    Model answer

    That all individuals are subject to the same laws and legal processes regardless of their status, wealth, or position in society.

  6. 6

    How does the rule of law protect individuals from preferential treatment in the legal system?

    Model answer

    Through equality before the law, which ensures all individuals face the same laws and processes regardless of status or wealth.

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The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding

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Assault and .
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AThe defendant must have brought something onto their land.
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CThere must be a non-natural use of land.

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Assemble a full-mark answer from its marking points, in the order an examiner wants them.

Wound means a break in both layers of the skin.
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Spot the fault in a statement. The traps are the mistakes students actually make.

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