4. Legitimacy, Separation of Powers and the Rule of Law

Question 1

Parliamentary Sovereignty

Answer 1

Parliament Sovereignty states that Parliament is the supreme law-making body and may enact or repeal laws on any subject.

Question 2

Rule of Law: equality before the law

Answer 2

Not only should law apply equally between citizens, but also between public officials and citizens. Therefore, there should be no exemption for ministers as a result of their position.

Question 3

The modern approach to the rule of law

Answer 3

Requires a non-discriminatory application of the law to ensure legitimacy.

Question 4

Constitutional monarchy

Answer 4

The King remains head of each branch without being able to use powers personally. By convention, they are used by the executive.

Question 5

Does the SC have the power to strike down legislation?

Answer 5

The Supreme Court has no power to strike down legislation under the doctrine of Parliamentary Sovereignty. It can only declare incompatibility

Question 6

Judicial Review

Answer 6

Allows for decisions to be quashed but not changed. It is not an appeal process.

Question 7

What is the general approach taken by the judiciary regarding the rule of law? 2

Answer 7

The rule of law is a process of enforcing prospective, uniform and clearly pre-agreed rules, regardless of the content of the laws.

Citizens should be able to rely on laws that are both made and set out clearly.

Question 8

Doctrine of separation of power

Answer 8

There should be no overlap between the branches of state (the legislature, the executive and the judiciary), to avoid any branch exercising too much power.