Rule Of Law

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  • Created by: Ellie504
  • Created on: 16-05-16 21:06
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  • 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.
    • 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?


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