Deck 3: The Rule of Law

Question 1

An independent judiciary is crucial to the operation of the rule of law.

Answer 1

True

Question 2

Which of the following are, according to AV Dicey, fundamental to the effective operation of the rule of law?

A) Everyone should be subject to the law
B) Civil disobedience
C) Lack of arbitrary laws
D) A codified constitution

Answer 2

A

Question 3

Explain how the western notion of the rule of law runs contrary to the observation of laws in traditional Chinese and Japanese society.

Answer 3

No Answer

Question 4

Explain how the modern concept of the rule of law relates to the notion of natural law in Ancient Greece and Rome.

Question 5

Explain how the rule of law can be dependent on a nation's economic resources.

Question 6

What is meant by 'social contract theory'.

Question 7

Evaluate to what extent the Marxist theory of the rule of law conflicts with liberal philosophers' view of the concept.

Question 8

In what circumstances, if any, should a law be broken in pursuit of a higher ideal?

Question 9

Is the ballot box an effective way for society to control the rule of law?

Question 10

Should States prosecute acts of civil disobedience?

Question 11

In Merkur Island Shipping Corporation v Laughton (1983) it was held that law should be which of the following?

A) non-contradictory
B) stable
C) prospective
D) publicised

Question 12

Locke argues that in civil society there is a consent to be ruled by a government to achieve which of the following...

A) safety
B) public good
C) peace
D) fairness

Question 13

Which of the following is NOT for Sir Ivor Jennings an inherent feature of a society governed by the doctrine of the rule of law?

A) Equality
B) A State regulated by law
C) International participation
D) A separation of powers

Question 14

The rule of law, as understood by liberal Western democracies, cannot operate in a totalitarian regime.

Question 15

The rule of law is a concrete concept with one definitive definition.

Question 16

In the Middle Ages natural law was considered to emanate from God.

Question 17

A Marxist perspective on the rule of law sees it as a theory through which the powerless are exploited.

Question 18

Postivists aim to separate 'the legal' and 'the moral'.

Question 19

Judicial review is focused upon private, not public law.

Question 20

The words 'rule of law' appear in the preamble to the European Convention on Human Rights.

Question 21

Which of the following is NOT a societal requirement for the successful operation of the rule of law?

A) An independent judiciary
B) A democratically elected Government
C) A monarch
D) A State operating according to the separation of powers

Question 22

Which of these philosophers was not crucial to the early development of the concept of the rule of law?

A) Socrates
B) Crito
C) Aristotle
D) Plato

Question 23

Outline the procedural features of a legal system which effectively upholds the rule of law.