what are the three principles of the English Legal system?
the rule of law
the separation of powers
parliamentary sovereignty
why are the three principles important ?
they underpin our constitution and legal system
they help to guarantee our liberties in the absence of a written constitution
they are a tool to help you evaluate legal rules, institutions and processes
RULE OF LAW
no punishment without law
everyone is equal before the law
rights of individuals are secured by judicial decisions in individual cases
SEPARATION OF POWERS
executive : government (PM & cabinet ) - propose laws
legislature : parliament - scrutinise and pass law
judiciary : judges - interpret and apply laws
Each branch in the separation of power act as a check on each other. This limits the power of each branch , preventing tyranny.
PARLIAMENTARY SOVEREIGNTY
(aka parliamentary supremacy)
parliament is the supreme law making body meaning they can make amend or repeal any law and any limits on parliament‘s power are self imposed and can be removed at any time
parliament can legislate on any subject matter
no parliament is bound by previous parliament or can bind future parliaments
no other body has the right to override or set aside an Act of Parliament
