Rule of law, seperations of power and Public order Flashcards
What is the executives role?
Carry on the administration of the country with accordance with the powers conferred on it by law.
What is the role of the courts?
To interpret the law and to see that it is obeyed.
Describe relationship between Executive/Legislature
It is an elected dictatorship due to majority + whips + first past post + delegated legislature.
Describe relationship between Judiciary and executive
Government is under duty to uphold independence of judiciary.
Describe supreme court process
1) Selection committee selects a candidate to recommend to the lord chancellor
2)who will make a recommendation to the prime minister.
3) Monarch will then make the appointment on the advice of the prime minister.
What is section 11 of Public order act 1986 regarding notice for processions?
Advance notice for processions - written notice at least 6 days if purpose is to commemorate an event, support or oppose views, or publicise a cause or campaign.
What is section 12 of Public order act 1986 with regards to conditions on processions?
Senior police officer right to impose conditions on public processions if believed they will result in public disorder or purpose is to intimidate.
What is section 13 of Public order act 1986 regarding processions ?
Allows police chief to use power to prohibit processions if he believes conditions wont be enough.
What is section 14 of Public order act 1986 regarding assembly’s?
Can impose a condition on any public assembly if similar criteria to s 12.
Under European convention of human rights what is an absolute right ?
A right that cannot be infringed upon (right to fair trial).
Under European convention of human rights what is a limited right?
Can only be limited in clearly defined and finite situations (Right to fair trial with public hearing).
Under European convention of human rights what is a qualified right?
Rights require a balance between rights of individual and wider public interest.
In what scenario can senior Judges be dismissed?
By a vote of both the house of lords and the house of commons.
What is Diceys first principle of the rule of law ?
The right to a fair trial before a court of law - core feature of rule of law
What is the enrolled act rule ?
Once a bill has passed parliament and received royal assent no court can question the validity of act or hold it to be void
