1. Features of UK Constitution Flashcards
What does the principle of the rule of law provide?
Dicey:
1. all government actions should be authorised by law (& not wide disretionary powers)
2. Equality before the law (& no immunity for government)
3. Courts protect individual liberty
What can Parliament do if they disagree with the interpretation the courts have given to legislation?
Amend it to make it clearer, although they have no obligation to
How can special royal prerogative powers be abolished or regulated?
By an Act of Parliament
What is the Ram Doctrine also known as and what does it mean?
Just a legal opinion and not a good one
Ministers’ powers are only restricted insofar as statute provides for these, which gives them scope to act even on matters that are incidental to ordinary business of the central government.
Will the UK Parliament generally legislate on a matter devolved to a devolved legislature without consent?
By convention, no, but in principle there is nothing preventing it from doing so.
What key constitutional convention helps promote the separation of powers between the executive and the judiciary?
Members of the Executive do not criticise judicial decisions
What is the ‘sub-judice’ rule, and how is it relevant in preserving SoP between the judiciary and other branches?
Parliament refrains from dicussing on a matter being heard by the courts.