The Rule of Law (AQA A-Level Law): Flashcards

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The Rule of Law
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Rule of law

Principle protecting from dictatorship & arbitrary power

Act recognising rule of law in s1

Constitutional Reform Act 2005

Senior judge who wrote on rule of law

Lord Bingham

Dicey's 1st element

Absence of arbitrary power via judicial review

Dicey's 2nd element

Equality before the law

Von Hayek's concern

Rule of law diluted by Parliament permitting arbitrary power

Raz's main focus

Minimising arbitrary discretionary power

Judicial independence purpose

Prevents arbitrary power & ensures fair dispute resolution

Habeas corpus

No imprisonment without trial

LASPO 2012 effect

Reduced legal aid availability

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