parliamentary sovereignty, the rule of law + a unitary state

Question 1

what is it?

Answer 1

sovereignty- legal supremacy-> Westminster is the supreme law making body
-can make laws on any matter it choose

Question 2

what are the three interconnected propositions it’s constructed around

Answer 2

-parliament can legislate on any subject of its choosing
-legislation cannot be overturned by any higher authority
-no parliament can bind its successors

Question 3

what challenges it?

Answer 3

-EU membership- European Committees Act 1972, parliament agreed subservience to EU law
-devolution- New Labour’s devolution- Scottish Parliament had tax-varying powers + legislative control
-referendums- increased use since 1997= legislative powers

Question 4

William Blackstone

Answer 4

-Parliament can do anything that is not naturally impossible’

Question 5

what is the rule of law?

Answer 5

the relationship between the state + its citizens, ensures state action is limited + responsible

Question 6

A. V. Dicey- 3 strands

Answer 6

-no one punished without trial
-no one above the law
-principles of constitution made from judge-made common law

Question 7

what does the rule of law mean in practice?

Answer 7

-everyone is equal- fair trial, not prisoned w/out legal process
-courts can hold govt./police/public officials accountable
-laws passed must be interpreted + applied by an independent judiciary- rights of citizens protected
-citizens can take govt/local authority to court if treated improperly

Question 8

what is a unitary constitution?

Answer 8

-subnational institutions do not have autonomous powers that are constitutionally safeguarded
-regional government= weak/non existent
-local govt has little power

Question 9

what is a parliamentary government?

Answer 9

-system of govt which takes place through parliament- executive/legislative branches are fused
-ministers accountable to parliament + crown
-govt needs majority in HofC to carry out legislative programme