Constitutional Theories Which Underpin Human Rights Law

Question 1

What are the constitutional theories which underpin human rights law?

Answer 1

• Rule of law.
• Democracy.
• Seperation of powers.

Question 2

Where does the rule of law exist?

Answer 2

• Where law and order are common.
• Where there is efficient and predictable dispute resolution.
• Where there is equal treatment before the law.
• Where public bodies are bound by, and are accountable to, existing, clear and known laws.
• Where human rights are protected.

Question 3

What does rule of law ensure?

Answer 3

• That the state functions for its citizens.
• That there is peace and security, accountability and democracy, and equality and social justice.
• That there is a commitment by the state to human rights and that there are institutions that protect those rights.

Question 4

What is democracy broadly understood to mean?

Answer 4

Rule by the people.

Question 5

What does democracy give citizens?

Answer 5

• The right to influence important decisions over their own lives.
• Allows them to hold their leaders accountable.

Question 6

What does seperation of powers refer to?

Answer 6

The idea that the major institutions of state should be functionally independent and that no individual should have powers that span these offices.

Question 7

What are the principal institutions usually taken to be?

Answer 7

• The executive.
• The legislature.
• The judiciary.