Constitutional Doctrines

Question 1

The Rule of Law

Answer 1

A widely argued principle that, at its most basic, provides that no one is above the law and that everyone must act within the law

Question 2

Separation of Powers

Answer 2

The principle that the primary functions of the State should not be carried out by the same body; legislative (law-making; Parliament); judicial (enforcement of the law), executive (administration of the law)

Question 3

Independence of the Judiciary

Answer 3

Part of the Doctrine of Separation of Powers, now upheld by section 3 of the Constitutional Reform Act 2005, which prevents the Executive from trying to influence judges

Question 4

Parliamentary Sovereignty

Answer 4

only Parliament may enact Acts of Parliament; any such Acts are superior to all other sources of law and may not be challenged in the courts; Parliament may make any law that it wishes

Question 5

Checks and Balances

Answer 5

a system that allows each branch to limit another’s power; someone from one office (e.g. legislative) will be part of another (e.g. executive) for this reason; the King is in all three offices; important for democracy and to prevent abuse of powers

Question 6

When did the European Convention on Human Rights’ international obligations be incorporated into English law?

Answer 6

1998, through the Human Rights Act