Practice questions main points, page 1-2 Flashcards
Sovereignty
The characteristic of an actor in a state who can impose its will on all the other actors without constraint
Social contract
Individuals gave up their sovereignty for a degree of protection and support from the state and its machinery
Parliamentary
In the UK, sovereignty is said to be vested in The Queen in Parliament: Queen, House of Lords & House of Commons
De jure sovereignty
Resides in the body that has formal authority to make laws
De facto sovereignty
Resides in those people who actually make the decisions
How is sovereignty regulated in the UK?
Sovereignty is said to be vested in The Queen in Parliament: Queen, House of Lords & House of Commons
How is sovereignty regulated in the US?
Often shared between different institutions within a state
Rule of law
Describes a group of characteristics necessary for a functioning and civilised state
4 Factors prejudicing the Rule of Law
- Arbitrariness
- Lack of protection for all or some citizens
- Lack of an independent judiciary
- Legitimacy replaced by coercion
Where does Natural Law derive its underpinnings from?
Moral arguments
What is the main virtue of the Rule of Law according to positivists?
To allow subjects to plan their lives
Cultural imperialism
Characterises the spread of (usually) Western culture into other civilizations
2 most common limitations of rule of law
- Prevalence of police discrimination
- difficulty of assessing civil justice
What is the goal of the separation of powers?
Preventing accumulation of too much power in the hands of one body or person
Three powers
- Legislature
- Executive
- Judiciary
