Rule Of Law
- Created by: Ellie504
- Created on: 16-05-16 21:06
View mindmap
- Rule of Law
- Fundamental principle of our constitution. Best defined by Dicey as - the absence of arbitrary powers, all equal under the law, judges uphold the rights.
- History - Magna Carta first suggested this idea. S.1 Constitutional Reform Act 2005 - the existing principle of the Rule of Law must be upheld.
- Separation of powers
- Legislative - make the laws, the Parliament.
- Executive - create the policies - Government
- Judiciary - interpret and create/develop law - Judges. Independence reaffirmed by the Constitutional Reform Act 2008.
- Raz (1970') - Suggested a more procedural approach to the Rule of Law. 8 key concepts of how the rule of law can be upheld such as should not be retrospective, easily accessible, should not be changed too frequently
- Parliamentary Sovereignty
- No law is above the parliamentary laws. It is the highest law. Dicey - no parliament can bind another.
- The HRA (1998) and ECHR case precedents have infringed upon Parliamentary Sovereignty even though it is not higher. Contentious - particularly as section 2,3,7 and 10 all go against PS.
- No law is above the parliamentary laws. It is the highest law. Dicey - no parliament can bind another.
- Breaches
- Ryan Giggs - John Hemmings MP - Parliament Privilege and Hansard.
- Binyam Mohammed - Extraordinary Rendition. - Lack of transparency as Govt has not been fully committed to addressing this.
- Prisoners Right to Vote - David Cameron didnt want to allow - got his way - doesnt uphold R.O.L?
- Fundamental principle of our constitution. Best defined by Dicey as - the absence of arbitrary powers, all equal under the law, judges uphold the rights.
Comments
No comments have yet been made