Democratic state& legal theory Flashcards
what is legal theory?
Legal theory, often referred to as Jurisprudence, is a course that attempts to deal with all the foundations upon which law stands.
what is another way of saying legal theory?
judisprudence
what is democracy?
where the whole population are allowed to elect a representative.
Eg. UK elects PM
what are the type of states? 3
Monarchy
Dictatorship
Constitutional Democracy
what is a Monarchy?
A from of government where the monarch is the head?
what is a dictatorship?
A form of government which is governed by a dictator
what is a constitutional democracy?
A form of government where the citizens are allowed elect their representative
what is a convention?
An agreement between states
what is the Parliamentary sovereignty:
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.
what is the Separation of Powers?
Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate.
what is a Legislation?
Set or laws that even the queen cannot over rule
what is Judiciary
The judiciary is the branch of government that interprets the law.
what is the Executive?
the branch of a government responsible for putting decisions or laws into effect.
what is the HOC
The house of commons are composed of elected people one elected from each constituency.
what is the HOL
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.
how are bills passed in the parliament?
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
what is the green paper?
Green paper is an idea of what they want to do,
what s the white paper?
where as white paper is exactly what they’re going to do and the structure of it
what is an administrative court?
Court review of lawfulness of a decision or action by a public authority
Does not apply to legislation – parliamentary sovereignty
what is a judicial review?
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.
what is Locus Standi
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”
