Each role should be carried out by different individuals to avoid a dictatorship.
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What Act says that judges should be independent?
S. 3 Constitutional Reform Act 2005.
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Who is the exception to the 'Separation of Powers'?
Theresa May.
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Who came up with the 'Supremacy of Parliament' (Parliamentary Sovereignty) theory?
Albert Dicey.
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What is the 'Supremacy of Parliament' theory?
Parliament is the highest source of law. It's democratic. No one Parliament binds another. Each new Parliament is supreme.
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What are the challenges to the 'Supremacy of Parliament'?
EU Membership. S.3+4 of the Human Rights Act 1998.
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How came up with the 'Rule of Law' theory?
Lord Bingham.
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What are the 3 rules of law?
No sanction without breach. One law should govern everyone. Rights of individuals secured by decisions of judges.
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What are the breaches of the 'Rule of Law'?
Cuts to legal aid- people were denied justice. A and others V Secretary of State for the Home Department (2004)- Suspected terrorist were detained without trial, this was unlawful. Extraordinary Rendition- Transportation of suspected terrorists.
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What are the arguments for a 'Written Constitution'?
Makes things clearer. Accessible. Greater protection of rights and liabilities.
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What are the arguments against a 'Written Constitution'?
Difficult to change. We are used to an unwritten constitution. Hard to change. Lower flexabillity.
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