THE UK CONSTITUTION (Rule of law Flashcards
Define parliamentary sovreignity
Parliament is the supreme legal authority in the UK, which can create or end any law. Is The most important principle of the UK constitution.
Person to reference about rule of law
The Theory of The Rule of Law was expanded by AV Dicey HE ALSO DID SEPERATION OF POWERS
Devolution is
Devolution means that the statutory granting certain powers from the Westminster Parliament to Parliament of Scotland and Wales.
3 Components of the rule of law are..
- There should be no sanction without breach
- One law should govern everyone
- Rights of individuals are secured by decisions of judges
Person to reference when talking about seperation of powers
Montesquieu (1689-1755) –”the independence of the judiciary has to be real, ‘ warned of failing to separate judicial power from the other areas in law
3 Branches for the separation of powers
Executive – Government(iMPLEMENTS LAWS)
Legislative - Parliament (ENACTS LAWS)
Judicial – judges(INTERPRETS AND APPLIES LAWS)
Benefits to a written constitution
Make things clearer.
Accessible for citizens.
Greater protection of rights and liberties.
Disadvantages of a written constitution
Difficult to change.
Unwritten constitution part of our heritage.
Unwritten constitution allows flexibility.