Evaluation of the Rule of Law (OCR A-Level Law): Flashcards

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Evaluation of the Rule of Law
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Scholar establishing modern rule of law (1885)

A.V. Dicey

1st core principle: punishment requires...

Due process

2nd core principle of rule of law

No one is above the law

Two dimensions of rule of law

Procedural and substantive

Criminal law: burden of proof standard

Beyond reasonable doubt

Key detention without trial case (2004)

A and others v Secretary of State

Dicey's approach criticism

Too narrow in scope

2001 anti-terrorism Act challenged on rule of law

Anti-terrorism, Crime and Security Act

Practical weakness: equality before law

Wealth gap in access to justice

Criminal procedure: judicial requirement

Independent judiciary

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