rule of law (p.1 s.b)

Question 1

what is an unwritten constitution?

Answer 1

•a constitution not embodied in a single document
•england has on unwritten constitution - parliament and judges make all the laws

Question 2

what did dicey state?

Answer 2

•dicey states that parliament can make any law and no one has the right to override it - e.g the scotland act 2016 - parliament gave scotland the power to make their own laws

Question 3

3 elements - dicey

Answer 3

1. no sanction without a breach - no one should be punished unless they have broken a law HOWEVER BEING KEPT ON REMAND GOES AGAINST THIS
2. one law should govern everyone - the idea that no one is above the law
   3.right of individuals secure by decisions of judges - this means that fundamental rights and the principles of the constitution are derived from judicial decisions, rather than a document

Question 4

lord bingham

Answer 4

•a judge
•he had to decide whether to deport a person for his crimes
•his crimes would of got him tortured and abused in his home country- going against human rights
•lord bingham was a member of a human rights organisation- due to this he was removed from the case due to him not being independent
LINK TO SEPARATION OF POWERS JUDGES

Question 5

separation of powers

Answer 5

•under the constitutional reform act 2005
•branches are:
-government: mange’s public services eg nhs
-parliament: they make laws that effect everybody, they also create rights
-judges: independent from the government and parliament, power to decide sentences, no longer appointed by parliament

Question 6

what did dicey say about parliamentary sovereignty?

Answer 6

dicey defined parliamentary sovereignty as the principle that parliament has the unlimited right to make or unmake any law, and that no person or body can override