Rule of Law
- Created by: Karolinaaaa
- Created on: 12-05-17 19:11
View mindmap
- Rule of Law
- A) Describe
- Britain = no written constitution
- Golden Principle
- Rule of Law - A.V Dicey
- 1 of 3 principles undelrying consitution
- The Supremacy of Parliament - A.V Dicey
- Parliament = highest source of law. All laws must be applied by courts & obeyed
- 'Parliament can make and unmake any law whatever' A.V Dicey
- 'What Paliamenet doth, no power on Earth can undo' Blackstone
- Parliament = highest source of law. All laws must be applied by courts & obeyed
- Sepretaion of Powers - Montesquieu
- The Supremacy of Parliament - A.V Dicey
- No sanction without breach
- Same law governs everyone
- Lady of Justice
- "Be you never so high. The law is above you" Thomas Fuller
- Rights of individuals are secured not by written constitution but by the ordinary law of land
- 1 of 3 principles undelrying consitution
- Britain = no written constitution
- B) To what extent is it upheld?
- 'Same law governs everyone'
- Queen as head of the legal system is not properly subjected
- Parliament is above the law, it can make/unmake and change laws as its sovereign
- Parliamentary privilage= MP and peers not subjected to legal restrictions on what they can sat in Parliament
- 'No Sanction without breach'
- 'Shoot to Kill' Policy
- Jean Charles De Menzes
- Practice of extra ordinary rendition
- Indefinite detention of terrorism suspects (without trial)
- 2004 court ruling found it breached Human Rights
- 'Shoot to Kill' Policy
- Judiciary Link
- Constitutional Reform Act 2005
- Ensured independence
- Creation of Supreme Court
- Creation of new body to appoint judges JAC
- Reform of LCs role
- Ensured independence
- Judicial review, reviews legality of decisons of gov & public bodies
- R v Horseferry Road Magistrates Court 1994 Judiciary accepts repsonsiblity for maintenace of rule of law
- Statutory law upholds rule of law
- S3 of Human Rights Act 1998 - obligation for judges to interpret acts in a way that does justice to ECHR
- S4 - if act contradicts human rights ' declaration of incompability'
- House of Lords, provisions under The Terrorism Act 2001 were incompatible with ECHR
- S4 - if act contradicts human rights ' declaration of incompability'
- S3 of Human Rights Act 1998 - obligation for judges to interpret acts in a way that does justice to ECHR
- Constitutional Reform Act 2005
- 'Same law governs everyone'
- A) Describe
Comments
No comments have yet been made