AS Law (1) - UK Constitution

• Constitution


  A framework of legislation and principles which govern a country or state
• UK Constitution


  • Unwritten, allowing for modernisation and flexibility to change
  • Comprises of common law, works of authority, EU law, conventions and statute law
• Separation of powers


  A philosophical doctrine which divides state power into three types: executive, legislative and judiciary
• Montesquieu claimed the only way to safeguard the liberty of citizens is to keep the three main arms of state separate
• Each power was to be carried out by different bodies to avoid any abuse of power and a conflict of interest, therefore ensuring that within the system there is checks and balances, consequently limiting the power of government and enabling the judiciary to have independence in reaching judgements during disputes
• Parliamentary sovereignty


  The principle that Parliament is the UK's supreme law maker and the highest source of UK law
• Key elements of parliamentary sovereignty

  • Parliament can legislate on any matter
  • No Parliament can be bound by any previous Parliament
  • No other body has right to override or set aside an Act of Parliament
• Rule of law


  A political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders
• Factors that make up the rule of law (Dicey)


  • No sanction without breach
  • One law should govern everyone
  • Rights of individuals should be secured by the decisions of judges
• Problems with Dicey's view of the rule of law include parliamentary sovereignty not being able to be challenged, judges not always being independent, and people not being able to afford legal aid for a fair trial
• The Rule of Law is a principle that states that all individuals and entities are subject to and accountable under the law.
• The Rule of Law helps prevent arbitrary rule and protects citizens from abuses of power.
• In practice, it means that no one is above the law, even those who enforce it, and that there must be clear rules governing how the law is applied.
• The rule of law also requires transparency and predictability in the application of the law, as well as accessibility to justice through effective enforcement mechanisms.
• It ensures equality before the law, prohibits arbitrary power, protects fundamental human rights, and maintains social justice.
• The Rule of Law promotes transparency and predictability in government actions.
• It provides a framework for resolving disputes through peaceful means rather than violence.
• It also ensures equal treatment under the law regardless of social status, wealth, or influence.
• It provides certainty about what actions will result in punishment, which can deter criminal activity.
• However, some argue that the rule of law can sometimes conflict with other important values such as human rights and democracy.
• The Rule of Law prevents abuse of power by officials or institutions.
• The Rule of Law provides legal certainty by ensuring that laws are enacted fairly and consistently across society.