Rule of Law (OCR A-Level Law): Flashcards
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Act stating rule of law is constitutional principle
Act stating rule of law is constitutional principle
Constitutional Reform Act 2005, s 1
1st core principle of rule of law
1st core principle of rule of law
No person sanctioned except in accordance with the law
2nd core principle of rule of law
2nd core principle of rule of law
All shall be equal before the law
3rd core principle of rule of law
3rd core principle of rule of law
Fairness and clarity of the law
Dicey's 1st element
Dicey's 1st element
Absence of arbitrary power on part of the state
Von Hayek's criticism of rule of law
Von Hayek's criticism of rule of law
Rule of law diluted through parliamentary sovereignty
Raz's focus re: rule of law
Raz's focus re: rule of law
Minimise danger of discretionary power used arbitrarily
Natural justice requires
Natural justice requires
Open & fair hearing; parties present case & challenge evidence
Criminal prosecution standard of proof
Criminal prosecution standard of proof
Beyond reasonable doubt
Criminal offences penalty limit
Criminal offences penalty limit
All offences have maximum penalty courts cannot exceed