The three principles Flashcards
What are the 3 principles of the English legal system?
Rule of law
Separation of powers
Parliamentary sovereignty
What is reason 1 for why the 3 principles are important?
They underpin our constitution and legal system.
What is reason 2 for why the 3 principles are important?
They guarantee our liberties without a written constitution.
What is reason 3 for why the 3 principles are important?
They help to evaluate legal rules, institutions, and processes.
Who developed the idea of the rule of law?
A.V. Dicey
What are 3 points in the rule of law?
No punishment without law
Everyone is equal before the law
Rights are secured by judicial decisions in individual cases
What does ‘No punishment without law’ mean?
The state cannot exercise power arbitrarily, but only in accordance with agreed legal rules.
Who developed the idea of the separation of powers?
Montesquieu.
What are the 3 branches in the separation of powers?
Executive - the government
Legislative - parliament
Judicial - judges
What are the roles of the 3 branches in the separation of powers?
Executive - enforces laws
Legislative - pass laws
Judicial - interpret and apply laws
Why should the 3 branches be separate?
To maintain a democracy and avoid a dictatorship.
What does parliamentary sovereignty mean?
Parliament is the supreme law making body.
What is one way Dicey describes the elements of parliamentary sovereignty?
Parliament can legislate on any matter.
What is a 2nd way Dicey describes the elements of parliamentary sovereignty?
Parliament is not bound by previous parliaments, and cannot bind future parliaments.
What is a 3rd way Dicey describes the elements of parliamentary sovereignty?
No other body can override an Act of Parliament.
What can parliament do in regards to the law?
They can make, amend, repeal or suspend any law.
