Constitutional Principles Flashcards

1
Q

What is the rule of law?

A

The principle that all individuals, institutions, and government entities are accountable to the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why is the rule of law considered a contested concept?

A

There is no single definition; some view it as procedural fairness, while others argue it should include justice and equality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the difference between the formal and substantive rule of law?

A
  • Formal rule of law: Focuses on legal structure, clarity, and predictability
  • Substantive rule of law: Includes justice, human rights, and broader moral values
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are Dicey’s three key principles of the rule of law?

A

1) No arbitrary power – Government actions must be legally authorised

2) Equality before the law – Laws apply to everyone equally

3) Legal rights and judicial decisions – The rule of law is upheld by courts rather than a written constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are criticisms of Dicey’s view on the rule of law?

A
  • Too focused on procedure rather than justice
  • Ignores social and economic inequalities that limit access to justice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the 3 key features of the core rule of law?

A
  • Clarity – Laws must be clear and accessible
  • Certainty – Laws should be stable and predictable
  • Procedural fairness – Legal processes must be impartial and follow due process
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How does the extended rule of law differ from the core rule of law?

A

It includes broader societal goals, such as justice, human rights, and accountability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the criticism on the extended rule of law?

A

Risks making it overly vague and political, potentially undermining its core procedural focus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the substantive rule of law?

A

The idea that laws must not only be applied fairly but also be just, protecting fundamental rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Why is the rule of law sometimes considered an imperial concept?

A

It is seen as reflecting Western legal traditions, which may not align with other cultural or legal systems

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are 2 criticisms of the rule of law as an imperial concept?

A
  • Imposing Western values can undermine local governance
  • It may overlook cultural diversity and indigenous legal traditions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the separation of powers?

A

A constitutional principle dividing government into three branches: executive, legislature, and judiciary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Why is the separation of powers important (3 reasons)?

A
  1. Prevents abuse of power – No single branch has absolute authority
  2. Ensures accountability – Each branch checks the others
  3. Protects individual rights – Laws are fairly created, enforced, and judged
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Who are two key theorists of the separation of powers?

A
  • Montesquieu – Advocated separation to protect liberty
  • John Locke – Stressed the need for legislative and executive separation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the three branches of government and their functions?

A
  1. Legislative – Makes and amends laws (Parliament in the UK)
  2. Executive – Enforces laws (Prime Minister and Cabinet)
  3. Judiciary – Interprets and applies laws (Courts and judges)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Does the UK have a complete separation of powers?

A

No, there are overlaps, making it a “partial” separation

17
Q

How does the monarchy fit within the separation of powers?

A

The monarch’s role is largely symbolic but extends across all three branches

  • executive (government functions)
  • legislative (royal assent)
  • judicial (historically as the “Fount of Justice”)
18
Q

How did the role of the Lord Chancellor historically violate the separation of powers?

A

The Lord Chancellor had powers in all three branches, acting as a government minister, MP, and judge

19
Q

How did the Constitutional Reform Act 2005 change the Lord Chancellor’s role?

A

It reduced their influence, making them primarily a government minister responsible for judicial independence

20
Q

How did the creation of the UK Supreme Court in 2009 impact the separation of powers?

A

It removed judicial powers from Parliament, strengthening judicial independence

21
Q

Why is judicial independence important?

A

It ensures fair, impartial decision-making and prevents government interference in legal rulings

22
Q

What 1 safeguards exist to protect judicial independence?

A
  1. Security of tenure – Judges cannot be arbitrarily removed
  2. Financial independence – Salaries are protected from political influence
  3. Judicial Appointments Commission – Ensures merit-based judge selection
23
Q

How does Parliament control the executive?

A
  • Passing laws = The executive must follow laws made by Parliament
  • Scrutiny mechanisms = Parliament monitors government actions
24
Q

What are 3 key mechanisms Parliament uses to hold the government accountable?

A
  1. Prime Minister’s Questions (PMQs) – Weekly questioning of the PM
  2. Select Committees – Investigate government departments
  3. Votes of confidence – The government must maintain Parliament’s support
25
Q

What happens if the government loses a vote of confidence?

A

It may have to resign or call a general election