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Flashcards in Rule of Law Deck (24)
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1
Q

S1 CRA 2005

A

Statutory recognition

2
Q

Brown v Scott (2001)

A

RoL requires protection from invasion by authorities of rights and liberties of the individual

3
Q

Dicey

A
  • Predominance of law
  • Equality before the law
  • Constitution result of ordinary law
4
Q

Entick v Carrington (1765)

A

Gave effect to all three of Dicey aspects

5
Q

Predominance of the law

A
  • No interference with individual rights without backing of the law
  • No wide discretionary power of gov.
  • Punishments should be prescribed in ordinary courts
6
Q

Equality before the law

A
  • M v Home Office (1993)
    So servant of crown excuse
    Qualified right
7
Q

Rossminster (1980)

A

Parliamentary act gave wide discretionary powers and courts powerless to stop

8
Q

Principle of legality

A

Gov. operates in form of general law, not at discretion of ruler

9
Q

Hayek

A

Gov. bound in all actions by rules fixed and announced before

10
Q

Witham (1998)

A

Minister made rules that were beyond the powers given to him by statute. Principle of legality upheld, ministers could only make laws within powers given to him

11
Q

A v Secretary of state for the Home depot

A

L. BINGHAM:

Fundamental requirement that there be access to independent courts and fair trial

12
Q

Anufrijeva

A
  • Majority
    Promulgation principle
    Statute didn’t apply until individuals informed of the decisions

Versus

  • Bingham
    Principle of legality
    Unless statutes states explicitly otherwise has CL rights
13
Q

Substantive version

A

Craig separates

  • JS Mill
  • Allan (Liberal values)
    Bridges gap between parl. sov. & political idea of sovereignty of people
14
Q

Pierson (1998)

A

Requires parliament legislate in express terms if intends to give gov. power to violate the RoL

15
Q

R(Daly)

A

Basic CL rights require clear and express words to curtail

Only to extent reasonably necessary to justify

16
Q

Anisminic

A

Ouster clause in statute of “not being called in question by any court of law” invalid

17
Q

Significance of terrorism act 2001

A

S.21(1) SoS may deport individual if reasonably believes presence:

  • Risk to national security
  • Suspects person to be a terrorist
18
Q

Belmarsh

A
Role to ensure fundamental HR and freedoms not overlooked by leg./ministerial decisions
Space to work subject to
- Nature of matter being considered
- Importance of HR
- Extent of enchroachment
19
Q

Al-Rawi (2007)

A

Judicial non intervention justifiable when:

  • Exec. has access special info. + expertise
  • Decision requires legitimacy of parliment
20
Q

Corner House Research (2009)

A

Div. court
- RoL ensures courts should be independent decision maker free from pressure

HL
- Ceasing investigations director had worked in public interests

21
Q

Dicey Craig & Barber dispute

A

Barber = substantive, craig = formal

22
Q

Raz

A
  • RoL is an essentially negative value - avoidance of evil
  • Formal positive as treats humans as being capable of plotting their own futures
  • Negative: Taking further would transform to political philosophy, RoL would cease to have independent legal value
23
Q

Advantages of substantive view

A

Barber: Social factors directly relevant to functioning of our legal system

24
Q

Kramer

A
  • RoL separated into two concepts that are intrinsically linked i.e. substantive view requires formal view
  • ‘Little sense’ (What is needed for legal system to function)
  • ‘Big Sense’ (Moral/ liberal political idea; ideals strive towards in legal system)