Rule of Law

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  • 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
          • Sepretaion of Powers - Montesquieu
        • 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
    • 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
      • Judiciary Link
        • Constitutional Reform Act 2005
          • Ensured independence
            • Creation of Supreme Court
            • Creation of new body to appoint judges JAC
            • Reform of LCs role
        • 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

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