Branch of govt that enforces the law and interprets the meaning of laws, including constitutional law.
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Formal equality
Principle - part of the rule of law. All citizens must be treated equally under the law. Courts and judges mustn't discriminate against individuals or groups.
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Judicial precedent
Principle - when a judge in court declares an important point of law, that declaration must be followed by all other courts and judges in similar cases. Only a judge in a higher court can change or overturn a judicial precedent.
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Common law
Laws which haven't been passed by Parl but which are declared by judges. Either are laws commonly thought to be enforceable or they are applications of law to specific cases.
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Judicial review
Process where courts review decisions by the state or any public body in relation to its citizens. Where a review finds that eg. a citizen's rights have been abused or a public body has exceeded its legal powers, the court may set aside the decision.
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Ultra vires
Legal principle - "exceeding one's power". When an action is ruled ultra vires by a court, it means the individual or body was exceeding its legal power when taking a particular action. Such actions will be set aside.
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Omnicompetence
"Ability to do everything". In context of UK Parl, means that nothing/nobody can constrain Parl, whatever is proposed.
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Declaration of incompatibility
Declaration made by a judge that a particular UK law is in conflict with the terms of the ECHR. Doesn't make the law invalid, as Parl is son, but advises Parl and govt to think again about the law and whether to make it compatible.
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Habeas corpus
"You have the body" old principle before Magna Carta - states that no individual or body including govt can detain a person against their will unless they can be charged and brought to trail quickly.
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Judicial independence
Principle - judges should be independent of govt, Parl, public opinion and media influence. Key principle of modern democracy in that it can protect human rights, maintain rule of law and act as a check on the power of the state.
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Judicial neutrality
Idea that judges should have no political bias and should not favour one section of society over another, instead should always impose the rule of law.
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Elective dictatorship
Reality of if govt commands a majority in Commons, they have great power and can almost behave like a dictator. (phrase coined by Conservative minister in 1976)
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Salisbury convention
Unwritten part of UK constitution - Lords cannot block any legislation for which the govt has an electoral mandate from the last election.
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Parliamentary majority
Circumstance (meant to be normal in UK) where the majority of MPs in Commons are members of the largest party which forms the govt. In hung parl, no one party has such a majority, therefore there must be a minority govt or coalition.
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Sovereignty
Ultimate political power which cannot be overruled peacefully. (more complex idea)
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Legal sovereignty
Where ultimate constitutional power lies. This sovereignty cannot be overturned or set aside without acting in an unconstitutional manner.
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Political sovereignty
Although Parl is legally sovereign, political sovereignty relates to where ultimate power lies in reality. This power will not be denied except under the most extreme circumstances.
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Other cards in this set
Card 2
Front
Principle - part of the rule of law. All citizens must be treated equally under the law. Courts and judges mustn't discriminate against individuals or groups.
Back
Formal equality
Card 3
Front
Principle - when a judge in court declares an important point of law, that declaration must be followed by all other courts and judges in similar cases. Only a judge in a higher court can change or overturn a judicial precedent.
Back
Card 4
Front
Laws which haven't been passed by Parl but which are declared by judges. Either are laws commonly thought to be enforceable or they are applications of law to specific cases.
Back
Card 5
Front
Process where courts review decisions by the state or any public body in relation to its citizens. Where a review finds that eg. a citizen's rights have been abused or a public body has exceeded its legal powers, the court may set aside the decision.
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