Rule of Law: Concepts & Separation of Powers

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Questions and Answers

Which of the following scenarios MOST accurately reflects the principle of 'equality before the law'?

  • Certain minority groups receive preferential treatment under the law to compensate for historical injustices.
  • Laws are applied impartially to all citizens, regardless of their social status or economic background. (correct)
  • A wealthy individual can afford better legal representation than someone with limited financial resources.
  • Government officials are exempt from certain laws to ensure efficient governance.

Why is an 'open, independent, and impartial judiciary' essential for upholding the rule of law?

  • It ensures government policies are implemented without legal challenges.
  • It provides a platform for popular opinion to influence legal decisions.
  • It protects against biased application of laws and ensures fair legal processes. (correct)
  • It streamlines legal proceedings, making them more efficient and less costly.

Which of the following BEST describes the significance of the rule of law in a society?

  • It guarantees equality and fairness by applying laws consistently to everyone. (correct)
  • It prioritizes the interests of the majority over the rights of individuals.
  • It ensures the government has absolute power to maintain order.
  • It allows for arbitrary decisions by those in power to address specific issues.

How does the concept of 'due process' relate to the protection of individual rights?

<p>It ensures everyone has the right to a fair legal process, including the right to be heard and defend themselves. (A)</p> Signup and view all the answers

Why is 'self-accountability' important under the rule of law?

<p>It ensures individuals are responsible for their actions, including those in positions of power. (A)</p> Signup and view all the answers

Which of the following actions would MOST undermine the principle of the rule of law?

<p>Allowing government officials to be exempt from certain laws that apply to ordinary citizens. (A)</p> Signup and view all the answers

In a system with separation of powers, what is the primary role of the executive branch?

<p>To enforce laws and oversee the administration of the government. (A)</p> Signup and view all the answers

Which of the following BEST illustrates the concept of 'separation of powers'?

<p>Different branches of government have distinct responsibilities and powers. (B)</p> Signup and view all the answers

How do 'concurrent powers' function within a system of divided powers?

<p>They are shared between the federal and state governments. (D)</p> Signup and view all the answers

Which branch of government is responsible for interpreting laws?

<p>Judicial (B)</p> Signup and view all the answers

Flashcards

Rule of Law

The principle that everyone is subject to the law, ensuring equality and fairness.

Due Process

The right to a fair legal process, including being heard and defending oneself.

Presumption of Innocence

The assumption that a person is innocent until proven guilty.

Separation of Powers

The division of government into three branches—Legislative, Executive, and Judicial—to balance power.

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Legislative Branch

The branch of government that creates laws.

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Executive Branch

The branch of government that enforces laws.

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Judicial Branch

The branch of government that interprets laws.

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Division of Powers

The division of powers between state and federal governments.

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Exclusive Powers

Powers exclusive to the federal government.

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Concurrent Powers

Powers shared between the federal and state governments.

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Study Notes

  • The rule of law ensures equality and fairness in society.
  • No one is above or below the law, preventing abuse of power.
  • Everyone is accountable for their actions, including those in power, and laws are enforced fairly and equally.
  • Predictability is maintained, informing people what to expect.
  • The rule of law helps prevent chaos and keeps things organized.

Core Concepts of the Rule of Law

  • Equality before the law ensures abuse of power is limited.
  • Prompt and fair trials for all.
  • Due process: Everyone has the right to legal recourse, to be heard, and to defend themselves, while being open to free criticism.
  • Presumption of innocence.
  • Open, independent judiciary.
  • Fundamental rights are protected for everyone.

Separation of Powers

  • A system where three governmental branches hold equal power.
  • This ensures no single branch becomes more powerful than another.
  • These branches create, interpret, and enact/enforce laws.

Legislative Branch

  • Creates laws.
  • Laws are passed onto the parliament or congress.

Executive Branch

  • Enforces laws passed by the legislative branch.
  • The head of the government oversees operations.

Judicial Branch

  • Interprets and implements laws.
  • Deals with the courts/justice system, 'common' law, or case law.

Division of Powers

  • Division of powers is between the state or the federal government.
  • Exclusive powers are reserved for the federal government.
  • Concurrent powers are shared between the federal and state governments, such as health, taxation, and water management.
  • Residual powers are for state governments only, creating laws on specific crimes which can be overwritten at the federal level.

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