Theory - Constitution

Question 1

Dicey

Answer 1

‘the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation’

Question 2

Jowell

(re Dicey) - Political Constitutionalism

Answer 2

almost served as a surrogate written constitution

Question 3

Le Sauer

A SYSTEM

Answer 3

Accountability

Judicial Independence

Question 4

Hegel

Answer 4

‘develops from the national spirit’

Ancient

Question 5

Bogdanor

Answer 5

Peculiar Constitution
Peace Meal
Historical - SOP limited by conventions

Question 6

Bagehot

Answer 6

‘if you are always altering your house it is a sign either that you have a bad house or that you have an excessively restless disposition’

Dignified and Efficient
Evolutionary process

Question 7

Entick v Carrington 1765

Answer 7

PP subordinate to law - trespass

‘cannot exercise public power unless such exercise of it is authorised by some specific rule of law’

Question 8

Factortame 1990s

Answer 8

EU Law Supremacy

Question 9

Glover and Hazel

Political Constitutionalism

Answer 9

Conventions - political - called to account

Question 10

King

Answer 10

Capital C and Small c

Question 11

Laws

Answer 11

Higher order rights

Question 12

Jennings

Answer 12

Normative - precedent? did people believe bound? why have rules?

Question 13

Barber

Answer 13

Formalism - Convention

Question 14

Allan

Answer 14

Law Conventions Dichotomy - law prevails

Question 15

Formation of State Legislation

Answer 15

Acts of Union 1707, 1800

HRA 1998

Question 16

Relations between government institutions

Legislation

Answer 16

Bill of Rights 1689

European Community Act 1972

Question 17

Regulating Institutions

Legislation

Answer 17

Parliament Act 1911 1949

Parliament Standard Act 2009 (independent authority)