Legitimacy, Separation of Powers and the Rule of Law Flashcards
What is the importance of legitimacy in a state’s constitution and laws?
Legitimacy ensures that laws are justifiable and properly enacted, which supports the legitimacy of the state’s constitution.
What are the key constitutional principles that support the legitimacy of the UK’s constitution?
The key principles are the rule of law and the separation of powers.
What is the traditional definition of the rule of law, according to D.C.?
The rule of law traditionally means that laws are clear, consistent, and applicable to all citizens equally, ensuring that no one is above the law.
What is the modern interpretation of the rule of law?
Modern interpretation includes legal certainty, personal liberty, due process, equality before the law, accountability of state officials, and the courts as protectors of individual liberty.
Why is the rule of law important?
It prevents arbitrary government power, ensures government accountability, ensures clear and fair laws, provides equality before the law, and preserves judicial independence.
How does the rule of law relate to access to justice?
Access to justice is crucial for the courts to properly perform their role, as citizens must have unimpeded access to legal remedies.
What is the relationship between parliamentary sovereignty and the rule of law?
Parliamentary sovereignty means that Parliament can theoretically pass any law, even if it contradicts the rule of law, though judges have expressed willingness to challenge such laws in certain cases.
What is the role of the separation of powers in the UK Constitution?
The separation of powers helps maintain an independent judiciary and prevents the arbitrary exercise of power by ensuring that the legislative, executive, and judiciary branches do not overlap.
How do the executive and the legislature overlap in the UK?
Government ministers can be members of both the executive and legislature, and the executive effectively controls Parliament through its majority in the House of Commons, often limiting scrutiny.
What are some examples of separation between the executive and the legislature in the UK?
Statutory limitations on executive members in Parliament, the possibility of MPs scrutinising the government, and conventions like no confidence votes.
How does the executive and judiciary relationship maintain separation in the UK?
Judicial independence is protected through the Constitutional Reform Act, which established the Supreme Court, appointed the Lord Chief Justice, and ensured judicial appointments are politically impartial.
What are some examples of overlap between the executive and the judiciary?
Executive members sometimes perform quasi-judicial functions, and judicial review focuses on decision-making processes rather than the merits of decisions.
How does the legislature and judiciary maintain separation in the UK?
Judges cannot be members of the House of Commons, and there are conventions preventing MPs from criticizing judges and vice versa.
What areas show overlap between the legislature and judiciary?
The judiciary interprets statutes and develops common law, but cannot declare an act of Parliament unconstitutional due to parliamentary sovereignty.
Why is judicial independence important in the UK Constitution?
Judicial independence ensures that judges are free from political influence and can make impartial decisions in upholding the rule of law.
