. - Flashcards in University Law

Created by: jaelbaiden
Created on: 20-01-20 20:43

Legislation: CONSTITUTIONAL REFORM ACT 2005

Section 1 is titled 'The Rule of Law' and states: '.. This Act does not adversely affect - (a)the existing constitutional principle of the rule of law, or (b)the Lord Chancellor's existing constitutional role in relation to that principle.'

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Case Law: M V HOME OFFICE [1993]

A deportation case in which the Home Secretary ordered a deportation despite an assurance given in court that no such deportation would take place until after an appeal hearing. Home Secretary was held in contempt of court but no punishment was order

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Case Law: R V LOOSELY [2001]

A case considering the implications of entrapment. Lord Nicholls: '.. every court has an inherent power and duty to prevent abuse of its process. This is a fundamental principle of the rule of law. By recourse to this principle courts ensure that exe

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Case Law: JACKSON V ATTORNEY GENERAL [2005]

A case challenging the legality of the use of the Parliament Acts in relation to the Hunting Act 2004, which banned fox hunting. Lord Hope : [the rule of law, enforced by the courts was] '.. the ultimate controlling factor on which our constitution i

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Montesquieu

Montesquieu defined government as having three distinct functions, the legislative function (making of the rules), executive function (governing according to the laws) and judicial function (resolving disputes according to law). He argued each functi

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Other cards in this set

Card 2

Front

Case Law: M V HOME OFFICE [1993]

Back

Card 3

Front

Case Law: R V LOOSELY [2001]

Back

Card 4

Front

Case Law: JACKSON V ATTORNEY GENERAL [2005]

Back

Card 5

Front

Montesquieu

Back

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