Rule of law Flashcards
Human Rights Act 1998
Incorporates human rights into law requiring all authorities to respect them.
Constitutional Reforms Act 2005
Establishes the UK Supreme Court, separation of powers
Scotland Act 2016
Granted legislative power to Scotland - transport differences
Northern Ireland Act 1998
Legislative power given to Northern Ireland - differences in education
Wales Act 2014
Legislative power given to wales - differences in taxes
Belmarsh CASE
Anti-Terrorism, Crime and Security Act 2001 allowed indefinite detention of foreign nationals suspected of terrorism without trial. House of Lords ruled that this was a violation of A5 ECHR.
Abu Qatada CASE
Possibility of the convict getting deported and tortured without a fair trial and the court ruled that this was a violation of A3 ECHR (freedom of torture) and A6.
Miller 1 (2017)
Parliamentary approval is required to trigger Article 50, as it fundamentally changes UK law and cannot be done using royal prerogative.
Miller 2 (2019)
The Prime Minister’s prorogation of Parliament was ruled unlawful because it frustrated Parliament’s constitutional role without justification.
Raz’s principles
-Laws must be clear, public, and stable.
-Judiciaries should be independent of external influence (parliament, executives).
Dicey’s Principle on Supremacy of the law
No individual is above the law, and everyone is subject to it equally.
Dicey’s principle on Equality Before the Law
No discrimination or privilege in legal proceedings, regardless of rank or power.
Dicey’s principle on Legal Certainty
Government actions must have legal backing, ensuring predictability in enforcement.
