Legal and Constitutional Environment of the Judiciary
- 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
- Sovereignty of Parliament
- 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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