Skip to content

ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems

In the country of Ardonia, the government recently arrested a trader and held him for months without charge, and no court was permitted to review the detention. A legal commentator says this breaches a core element of the rule of law. Which element of the rule of law is most directly breached?

The rule of law requires that government action be authorised by law and be open to review by independent courts. Holding someone for months without charge and without court oversight breaches this principle, because the state is acting arbitrarily and is not accountable to the law.

  1. AGovernment action must be authorised by law and be open to review by independent courtsCorrect
  2. BLegislation must always be passed by a two-thirds majority of the legislature
  3. CJudges must be elected by citizens at regular intervals
  4. DEvery contract must be in writing to be enforceable

Explanation

The rule of law requires that state power be exercised under legal authority and be subject to independent judicial scrutiny. Detention without charge and without court review defeats this. The supermajority and judicial election options are not elements of the rule of law, and written contracts are unrelated.

Did you get it right without looking?

One question tells you little. A timed set on Business, political and legal systems shows your real accuracy, how long you take and where you lose marks.

Practise Business, political and legal systemsFree diagnostic mock

More Business, political and legal systems questions