Rule of law

    Cards (31)

    • Role of the Judiciary
      Constitutional Reform Act 2003
    • The existing Constitutional principle is not adversely affected
    • No man is punishable except in distinct breach of the Law
    • No man is above the law
    • The general rules of the Constitution
      The result of judges determining the rights of Citizens
    • Lord Bingham: 'The law must be accessible, intelligible, clear, and predictable'
    • Questions of legal right and liability
      Should be resolved by legal right and not the exercise of discretion
    • Laws should apply equally to all
    • Ministers and public officials must exercise the powers conferred in good faith, fairly, for the purposes for which they were conferred, and without exceeding the limits of such Powers
    • The law must provide adequate protection of fundamental human rights
    • The State must provide a way of resolving disputes which parties themselves can't resolve
    • The adjudicative procedures provided by the state must be fair
    • The role of Law requires compliance with its obligations by the state under international as well as national Law
    • There must be an absence of arbitrary, ad hoc power
    • No one shall exercise arbitrary power
    • All power, all law shall derive from legitimate authoritative sources
    • The law must be certain, must be precise, equality before the law
    • A.V. Dicey: 'Powers, however extraordinary, which are conferred or sanctioned by statute, are never really unlimited, for they are confined by the acts themselves, and, what is more, by the interpretation put upon the statute by the judges'
    • Ordinary Law applies to everyone, Nobody is above the law
    • Statute Laws
      Laws passed by parliament
    • Executive
      • Comments on and puts law into action
    • Judiciary
      • Enforces laws
    • Branches of government
      • Executive
      • Judiciary
      • Parliament
    • To avoid tyranny

      Checks and balances on power
    • Minimum requirements for citizens

      Restraints on the exercise of (arbitrary) power
    • Courts are seen as guardians of the Constitution
    • Sources of law
      • Acts of Parliament
      • Case laws
      • Political practices
    • Entick v Carrington 1765
      • Case where a citizen sued the government for a breach of their rights
    • Citizens are free from unlawful interference
    • The King may not change the law without Parliament's authority (Case of Proclamations 1611)
    • The King's prohibitions cannot override the law (Prohibitions del Roy 1607)
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