Explain two elements that may be considered to be aspects of ‘the rule of law’. Briefly explain why the independence of the judiciary is important in relation to the rule of law. [5]

One aspect of the rule of law is the equality before law. This principle can be seen in the case of R v Chaytor and it states that each individual must be treated equally before the law and there should not be any biases or discrimination against certain individuals. Another element of the rule of law is that the law must be administered fairly. This means that everyone is to be treated the same in the legal process and those suspected of a crime should be treated as innocent until proven guilty. The independence of the judiciary guarantees freedom of judges and resolves disputes in a fair and open manner. This is important in relation to the rule of law because it ensures judges are free from influence from government.

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Answered by Raza A. Law tutor

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