interweaving of both legal as well as....uncodified means don't have a document of higher constitutional importance sets out rights and constitutional structure and underpinnings....
1 of 17
Thomas Paine, the rights of man, Kessinger Publishing 1998
"constitution of country is not act go government but of people constituting its government."
2 of 17
para 2 - ministerial accountability
people elect Parliament on basis of party system the exec are accountable to P but must maintain confidence of majority
3 of 17
ROL by exec
'monopoly of legitimate force' only when P authorises law
4 of 17
independent judiciary
interpret law using key values of ROL then develop common law
5 of 17
parliamentary sovereignty
no constitutional or legal limits to content of the laws
6 of 17
Para 41 miller v PM
"fundamental principle is parliamentary sovereignty...supreme form of legal system including gov. must comply" "prerogative powers limited by parl. sov"
7 of 17
para 3 -political and legal scrutiny
pol. scru is through parl means, leg. scru by judicial review (courts)
8 of 17
legal scrutiny
'adjudication' in courts, subject to judicial values of neutrality and independence
9 of 17
legal scrutiny
2 procedures: human rights and judicial review. HRA 1998 scrutinise exec. actions violating rights. Judicial scrutiny is exercise of power of exec, illegality, procedurally improper of breach HRA 98
10 of 17
m v home office 1994
courts require role of judiciary to be respected as both independent of other arms of state and to be binding on exec
11 of 17
r (evans) v ag 2015
access to court which is basic HR under A.6 right to fair trial in HRA 1998
12 of 17
para 4 - courts holding exec accountable
governmental departments and tribunal systems
13 of 17
administrative tribunal system
public power used in accordance with law that provides power, review matters by claimants of public body carrying out public function; only if has merit and doesn't go into non-justiciable area
14 of 17
electorate by media
make-up hoc by general elects, need for support as electorate by media gives verdict on performance of exec in term of office
15 of 17
miller v pm 2019
courts should be ultimate decider of what constitution does/doesn't require, ROL is significant
16 of 17
conclusion - prorogation
brings current session of P to end, temporarily suspends it. prevents ministerial accountability so constitution principles denied. court should be decider
17 of 17
Other cards in this set
Card 2
Front
Thomas Paine, the rights of man, Kessinger Publishing 1998
Back
"constitution of country is not act go government but of people constituting its government."
Comments
No comments have yet been made