Chapter 4 Self-test questions

TRS Allan declared that: 'In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some _________ and coherence to the legal order.'

Please match the rule of law definition to the appropriate rule of law school.

This school is the traditional school. It examines the way in which the law has been enacted, its stability, clarity and the extent to which it is applied in a consistent way, in order to assess how strong is the rule of law in that state.

Building upon the other school, this school of thought considers the content of the law as well as the process though which it is made and applied.

Magna Carta 1215 contained a number of important provisions that are associated with the development of the rule of law in England. Please select all that apply.

The law must be respected by law enforcement officials - justices, bailiffs and sheriffs.

Justice must be done rather than be bought and sold.

No freeman should be imprisoned without trial or fined unless he had broken the law.

All subjects were to have the freedom of liberty.

In which ground-breaking piece of legislation was the writ of habeas corpus first mentioned?

Magna Carta 1215

Petition of Right 1628

Habeas Corpus Act 1679

Bill of Rights 1689

Which of the following principles can be attributed to Dicey's theory of the rule of law? Please select all that apply.

The absolute supremacy of regular law as opposed to the influence of arbitrary power.

No-one should be punished by the state except for a breach of the law.

All are equal before the law, no-one is above the law.

Ultimately the law should be administered by the ordinary courts.

Please match the rule of law theory to the theorist.

All laws should be prospective, open and clear, as well as relatively stable. The process of law-making should be open, stable clear and according to the rules. Judicial independence must be guaranteed, and the principles of natural justice observed. The courts must have the power to review the executive; they should be accessible to the public. Executive discretion should be limited.

The rule of law requires that the formal school requirements must be met. In addition, the state must be able to justify the law to its citizens with reference to the principles of fairness, equality, dignity and basic human rights standards.

The rule of law requires that the law is held as supreme and that all are subject to it. It requires that the courts administer the law and that no-one is subject to state punishment except if s/he is found to have breached the law.

The cases of Entick v Carrington and in more recent times M v Home Office and R v Mullen are evidence for the rule of law proposition that it is possible for the state to break the law in times of emergency or if the executive is certain that an individual is non-conducive to the public good.

True

False

The cases of R (on the application of G) v Immigration Appeal Tribunal and Another and R (on the Application of M) v Immigration Appeal Tribunal and Another are evidence for the proposition that individuals' rights are protected through the ordinary law and the traditional court system in the UK.

True

False

The cases of R v Rimmington; R v Goldstein are evidence for the proposition that the rule of law demands that the civil law is always prospective.

True

False

Lord Neuberger highlights a number of important day to day features of the rule of law. Please select all that apply.

People must be able to know the law, access the law and understand the law.

People must be able to seek legal advice at a cost they can afford.

People must be able to enforce their legal rights through the courts.

The rule of law requires that the state be protected from legal challenge.

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