Intro - Principles of Constitution

Question 1

What are the four key principles of the constitution?

Answer 1

1. Democratic Accountability
2. Separation of Powers
3. The Rule of Law
4. Liberty and Respect for Human Rights

Question 2

What does democratic accountability provide legitimacy for?

Answer 2

legal doctrine of Parliamentary Sovereignty

Question 3

What is the definition of democratic accountability?

Answer 3

key political decisions must rest with elected representatives of the people

Question 4

What key ideas are explained by democratic accountability?

Answer 4

• judicial restraint / deference
• political constitutionalism
• weight of the principle of parliamentary sovereignty
• ultra vires justification for judicial review

Question 5

What is ultra vires?

Answer 5

• means: beyond the powers
• an action done by a party that exceeds the legal scope given to that party by the law

Question 6

What does the principle of the separation of powers state?
What function in particular do they perform?

Answer 6

• different branches of government perform different functions
• to some extent they are autonomous from one another
• in particular, they perform a checking function to prevent excessive accumulation of power by one branch

Question 7

Does everyone believe in the separation of powers?

Answer 7

• some doubt that it exists
• in the British constitution

Question 8

What is separation of powers NOT equivalent to?

Answer 8

• US checks and balances
• where each branch (legislative, executive, and judicial) has the power to limit the actions of the other two, preventing any one branch from becoming too powerful

Question 9

Who wrote about the rule of law?

Answer 9

T Bingham: “The Rule of Law” (2010)

Question 10

What did Bingham say about the rule of law?

Answer 10

“All persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made taking effect (generally) in the future and publicly administered in the courts”

Question 11

Where does the idea of Liberty come from? (timeline of 5 events)

Answer 11

1. Magna Cart 1215
2. Habeas Corpus Act 1679 (rights and privileges of Parliament and certain individual rights)
3. Bill of Rights 1689
4. European Convention on Human Rights 1952 (several fundamental human rights recognised)
5. Human Rights Act 1998 (gives legal effect by the courts to the human rights recognised by the ECHR)

Question 12

What was a source of protection for a number of rights?
2 examples + 1 case

Answer 12

• common law
• e.g. freedom of assembly
• e.g. property and personal liberty -> Entick v Carrington (1765)