Rule of Law
What is the overarching principle of the concept of the rule of law (this is the top piece of the pyramid)?
Equality before the law
Who wrote the following quote:
"Law is the command of them that have the legislative power"
(Double points if they can give the year)
Thomas Hobbes, 1681.
What is a custom?
Customs are socially acceptable and presumed habits.
What are the two of the four characteristics of an effective law? (double points if you can name all four)
1. Law should be clearly known to the public
2. Law must be acceptable to the community
3. Law should apply equally to all
4. Law should be capable of being enforced
When looking at the rule of law pyramid, what principle is on the second highest tier?
Checks and Balances on the use of power by individuals and government. (including separation of powers)
Who wrote the following quote:
"Law is order and good law is good order"
Aristotle
What is a Rule?
A speed limit sign is an example of what characteristic of effective law?
Law should be clearly known to the public
What are the three principles of the second lowest tier of the Rule of Law Pyramid?
2. Presumption of Innocence
3. Fair Trial & Independence of the Judiciary
What is the oxford dictionary definition of law
Law [noun]: Rule or set of rules established in a community, demanding or prohibiting certain actions.
What are the three features of a Law that distinguish it from a custom or a rule?
1. Authority
2. Consequences
3. Regulation
How do the consistency and stability of law impact its degree of effectiveness?
When laws are stable and consistent they increase the public confidence in the law as individuals greater understand what is legally required of them.
What four principles are on the lowest tier of the Rule of Law Pyramid?
1. Right to assemble
2. Democracy though formal legal processes
3. Access to Justice
4. Freedom of Speech/Media
What is the purpose of laws if one presumes that human nature is basically evil?
Laws are needed to protect the weak and innocent and also prevent social chaos. They restrict our ability to follow our evil nature.
DAILY DOUBLE:
Explain how the three features authority, consequences and regulation are each necessary for Australian Laws.
Authority: Unless a law is validly made by the federal or state parliaments they are not recognised as a law or enforced by the courts.
Consequences: The consequences of breaking or not observing a law are usually more serious than failing to comply with a custom or rule. Australian Law involves enforcement by courts or tribunals and other government agencies, such as the police.
Regulation: Laws regulate the behaviour of all members of a society, otherwise conflict and chaos results.
Which of the characteristics of effective law does the following quote by Chaim Weizmann best relate to?
"A law is something which must have a moral basis, so there is an inner compelling force for every citizen to obey".
Law must be acceptable to the community
How does the Australian Government reconcile its ability to create laws Ex Post Facto with the concept of the rule of law.
Whilst the government has the power to create retrospective laws, these only apply in rare circumstances where the government deems that the accused 'should have known better' even without strict prohibition by law.
What is the purpose of laws if one presumes that human nature is basically good?
Given this anthropology, the issues that arise between people is not due to our natures but other external factors such as poor communication. Therefore, laws exist to resolve of eliminate external factors that cause disputes.
Explain the process by which a custom can become a law. You may rely on a real or hypothetical example to make your case.
Social Custom- small group in society does this and allowances are made for it. Perhaps it annoys others or another group find reason for it to be dangerous and make rules in their establishments to halt or modify this social custom. Finally, science or large community groups convince politicians that this is a risk to the community and they must protect the community and thus a bill is passed and it becomes a law regulated by an authority.
Why should laws be capable of being enforced?
If laws are not or cannot be enforced, they risk being ignored and lose their effectiveness to regulate society.