theories/concepts

Question 1

Natural rights theorists

Answer 1

argue is that authority legitimacy and obligation must rest on the foundation of consent of those who are subjected to the authority

Question 2

separation of powers

Answer 2

• ○ 3 distinct branches of government legislative, executive and judiciary
  ○ These should be kept separate and distinct
  ○ Rule making, rule interpreting and rule execution function these three basic functions of the state is one in which they check and balance each other
• Separation of powers core is to establish a rule making machine that runs itself and this rule of rules leads to the rule of law
• purpose is: to ensure that there are mutual checks so no monopoly pf governmental power ( they do this through separation of agencies (each branch having own function) and separation of persons (no one person being in more than one branch)

Question 3

Bipolar sovereignty - X v Morgan-Grampian (1991

Answer 3

the rule of law rests upon twin foundations: the sovereignty of the Queen-in-Parliament in making the law and the sovereignty of the Queen’s courts in interpreting and applying them”
- Asserting there are 2 sovereignty (which can’t really happen because if you divide sovereignty your destroying it) but he’s saying there’s two autonomous power

Question 4

two judicial conceptions of the rule of law

Answer 4

1. Rule book conceptions - the sense that laws should be stable, general, prospective, predictable . We know how to orientate our behaviour to avoid infringing those laws and the space thats left over is the space of our liberties
2. Rule of law as the articulation of the rights-based character of a legal order - undertaking to try and ensure that our rights to autonomy will be respected and political order respected too

Question 5

crown

Answer 5

a legal symbol of public power
- enables us to distinguish between the personality of the sovereign and the institutions of executive government

• William V Berkley (1559) - “the King has two capacities , for he has two bodies, the one whereof is a body natural….and the other is a body politic”

Question 6

prerogative powers

Answer 6

Powers that are vested in the government (executive/crown) that do not derive from conferral by AOP nor derive from Acceptance by the judiciary
- they include things like immunities and privilege’s, appointment and honours , emergencies , foreign affairs - these are conducted through crowns prerogative power

Question 7

theory of constituitionalism

Answer 7

where law guides and constrains but is also able to rule

Question 8

dignified and efficient versions of british constitution

Answer 8

Bagehot - two ways show how political power is exercised

The dignified is the complicated, rooted in traditions and practices and the efficient is simple , hidden and rarely revealed