Institutions of the Constitution

HideShow resource information
  • Created by: Law1133
  • Created on: 27-04-16 20:08
En Banc
An en banc session is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel selected from them.
1 of 17
Lord Mustill - The State
The Crown as a source of authority means that the UK has never found it necessary to create the notion of the state as a single legal entity
2 of 17
First Past the Post (FPP)
Parliamentary elections are conducted for members to represent local constituencies by this method. This gives victory to the candidate with the largest number of votes and ignores all other votes.
3 of 17
R (Southall) v Foreign Secretary [2003]
There is no principle that fundamental constitutional change requires the approval of the electorate.
4 of 17
Aristotle - Rule of Law
He recommended a government of laws not men.
5 of 17
Bracton - Bridle on Power
‘The king should be under no man but under God and the Law because the Law makes him King’
6 of 17
Coke Cj - Rule of Law
the rule of law protects both the ruler and subject, the ruler against criticism, the subject against tyranny’.
7 of 17
E.P. Thompson: rule of law
'rule of law is an unqualified human good’. Even a bad law is better than no law at all because, in order to give it credibility, a law has to be applied fairly and justly.
8 of 17
Plato - Rule of Law
‘We should be ruled by philosopher kings’ (believed by some to be judges).
9 of 17
The international Commission of Jurists (RoL)
equates the rule of law with ‘the conditions which will uphold the dignity of a man as an individual’.
10 of 17
Taylor v Chief Constable of the Thames Valley Police [2004]
CoA stressed the fundamental principle that a policeman must give clear reasons for arresting someone. Sedley LJ based this on the value of human dignity.
11 of 17
R (Corner House Research) v Director of the Serious Fraud Office [2008]
HoL held that a prosecuting authority could discontinue a prosecution for corruption involving members of the Saudi royal family on the ground that, had the investigation the Saudi government would have withdrawn cooperation with the UK intelligence
12 of 17
John Stuart Mill (Core)
‘the justice of giving equal protection to the rights of all is maintained by those who support the most outrageous inequality in the rights themselves’.
13 of 17
Hayek (Rule of Law)
Government in all its actions is bound by rules fixed and announced beforehand – rules which make it possible to foresee with fair certainty how the authority with use its coercive powers in given circumstances, and plan one's life accordingly
14 of 17
Hayek (Freedom)
Hayek – freedom = absence of arbitrary restraint, not all restraint.
15 of 17
Berlin (Positive Freedom)
It is trickery. Positive freedom assumes that all rational people would think the same, but there are different kinds of reason and unless a law has a specifically freedom-loving content there is no guarantee that it will offer good things to anyone
16 of 17
M v Home Office [2006]
a minister cannot refuse to comply with a court order on the basis that he is a servant of the Crown.
17 of 17

Other cards in this set

Card 2


Lord Mustill - The State


The Crown as a source of authority means that the UK has never found it necessary to create the notion of the state as a single legal entity

Card 3


First Past the Post (FPP)


Preview of the front of card 3

Card 4


R (Southall) v Foreign Secretary [2003]


Preview of the front of card 4

Card 5


Aristotle - Rule of Law


Preview of the front of card 5
View more cards


No comments have yet been made

Similar Law resources:

See all Law resources »See all C&A resources »