LAW 525 Lecture Notes - Lecture 2: Personal Rights, Crime Prevention, Client Confidentiality
1 Oct 2017
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Rule of law everyone, regardless of their status, should be treated equally before law and power under law should not be used arbitrarily. (p. 21 24) Magna carta the first time in english history when the king surrendered part of his absolute power. Dicey (one of the fathers of english constitutional law) formulated 3 core principles of rule of law: 1. Law must have supremacy over the arbitrary power. No one can be punished except for breach of law, through the established procedure before the court: no one is above the law. Law applies equally to everyone: personal rights must be protected by providing everyone the ability to apply to the court for remedy. Raz proposes another list(cid:523)similar to fuller"s list(cid:524): 1. All laws should be open and clear: laws should be stable, the making of particular laws should be guided by stable and general rules, the independence of the judiciary must be guaranteed.
