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Which of the following statements most accurately describes the operation of the rule of law? (A) All law makers are elected - HSC - SSCE Legal Studies - Question 12 - 2005 - Paper 1

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Which of the following statements most accurately describes the operation of the rule of law? (A) All law makers are elected. (B) All law is made by parliament. (C)... show full transcript

Worked Solution & Example Answer:Which of the following statements most accurately describes the operation of the rule of law? (A) All law makers are elected - HSC - SSCE Legal Studies - Question 12 - 2005 - Paper 1

Step 1

Which of the following statements most accurately describes the operation of the rule of law?

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Answer

To determine which statement best describes the operation of the rule of law, we evaluate each option:

(A) All law makers are elected. This is not entirely accurate, as there are different systems where lawmakers may be appointed rather than elected.

(B) All law is made by parliament. While in many jurisdictions laws are passed by parliament, some laws can also come from other sources, such as judicial decisions.

(C) Innocent people are free from imprisonment. This statement describes a principle of justice but does not directly capture the essence of the rule of law.

(D) Police discretion is subject to judicial review. This statement reflects a fundamental aspect of the rule of law, which emphasizes that no one is above the law, including law enforcement. It highlights accountability and the protection against arbitrary governance.

Thus, the most accurate statement regarding the operation of the rule of law is:

(D) Police discretion is subject to judicial review.

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