RULE OF LAW NOTES

- what is the rule of law? Constitutional principle

* the law is supreme (sovereign), everyone is governed and subjected to the law.
* different aspects

Western Liberal democracies - to see if the gov is acting in accordance to the law/ if the rights
of individuals are protected.

Associations
- presumption of innocence ( a person is innocent until proven guilty)
- double jeopardy (cannot be tried for the same offence more than once)
- legal equality ( everyone is equal before the law)

Philosophical -

“Aristotle”
- an individual should not be the law, those who carry the law, simply should be a “guardian”
- where laws do not rule, no constitutions exists.

Natural law - view that exists a higher authority

Theological - all law is based on god

Positivism - law is what is passed by an authoritative body

-the laws of god are higher, and should prevail from man made law
- views that suggest man made legal system and man made law are simply an extension of
natural law.
-e.g “thou shall not kill”

Social contract
- the state has a duty to look after its citizens, where the citizens would have to give up some
rights.

THEORIES

Professor Joseph Raz - the rule of law can exist without a legal procedure WITHOUT moral
good.
* it must be clear and publicised, distinct, define-able, not impossible to adhere to, accesible
and must be in line judiciary.

Professor Lon Fuller - it must serve the needs of the people,

A.V DICEY