Democratic state& legal theory

Question 1

what is legal theory?

Answer 1

Legal theory, often referred to as Jurisprudence, is a course that attempts to deal with all the foundations upon which law stands.

Question 2

what is another way of saying legal theory?

Answer 2

judisprudence

Question 3

what is democracy?

Answer 3

where the whole population are allowed to elect a representative.

Eg. UK elects PM

Question 4

what are the type of states? 3

Answer 4

Monarchy

Dictatorship

Constitutional Democracy

Question 5

what is a Monarchy?

Answer 5

A from of government where the monarch is the head?

Question 6

what is a dictatorship?

Answer 6

A form of government which is governed by a dictator

Question 7

what is a constitutional democracy?

Answer 7

A form of government where the citizens are allowed elect their representative

Question 8

what is a convention?

Answer 8

An agreement between states

Question 9

what is the Parliamentary sovereignty:

Answer 9

Under the English constitution the right to make or unmake any law whatever and further that no person or body is recognised by the law of England as having a right to override or set aside the legislation of parliament.

Question 10

what is the Separation of Powers?

Answer 10

Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate.

Question 11

what is a Legislation?

Answer 11

Set or laws that even the queen cannot over rule

Question 12

what is Judiciary

Answer 12

The judiciary is the branch of government that interprets the law.

Question 13

what is the Executive?

Answer 13

the branch of a government responsible for putting decisions or laws into effect.

Question 14

what is the HOC

Answer 14

The house of commons are composed of elected people one elected from each constituency.

Question 15

what is the HOL

Answer 15

House of Lords are appointed by the queen by recommendation of the Prime Minster there are spiritual lords and non spiritual lords that are subdivided. The spiritual lords are made up of Arch bishops of Canterbury.

Question 16

how are bills passed in the parliament?

Answer 16

First reading: Introduces it

Second reading: General debate with a vote as to if they want to carry on

Committee stage: More in-depth of the stage line by line analysis

Report stage: report comes from the committee from the house and all the MPs can speak and vote and all members can amend changes.

Third reading: No amendments can be made

Royal Asset

Question 17

what is the green paper?

Answer 17

Green paper is an idea of what they want to do,

Question 18

what s the white paper?

Answer 18

where as white paper is exactly what they’re going to do and the structure of it

Question 19

what is an administrative court?

Answer 19

Court review of lawfulness of a decision or action by a public authority

Does not apply to legislation – parliamentary sovereignty

Question 20

what is a judicial review?

Answer 20

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

Question 21

what is Locus Standi

Answer 21

the right or capacity to bring an action or to appear in a court.

EG. “a foreign government which has not been recognized by the UK government has no locus standi in the English courts”