Legal and Constitutional Environment of the Judiciary

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  • Created by: Isabella
  • Created on: 10-05-13 12:07
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  • Legal and Constitutional Environment of the Judiciary
    • Sovereignty of Parliament
      • Parliament is the ultimate source of political power
      • The Judiciary have to enforce Parliamentary law, but they can suggest changes
      • They cannot overrule Parliament- judicial rule will never result in a change of law directly
    • Judicial Precedent
      • Interpretation of a law by one judge then has to be followed in the future
      • Precedent can be overruled by any higher judge
      • Previous rulings taken into account
    • Primacy of EU Law
      • EU law takes precedent over domestic law where our Parliament has given the EU jurisdiction
      • British courts must enforce EU law
      • Determined in the Factorome case 1990- 1998 Merchants Shipping Act overturned
    • The Rule of Law
      • All citizens are equal under the rule of law
      • Everyone is entiteled to a fair trial
      • No one is above the law- even the Queen
  • The Rule of Law
    • All citizens are equal under the rule of law
    • Everyone is entiteled to a fair trial
    • No one is above the law- even the Queen

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