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16 Cards in this Set
- Front
- Back
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What are the three key principles in the UK Constitution? |
> Parliamentary Sovereignty > Separation of Powers > Rule of Law |
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What is Parliamentary Sovereignty? |
> In theory, Parliament has complete power. > An Act of Parliament can completely overrule anything previously put in place. > This power comes from the democratic process of voting. |
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Dicey's theory of Parliamentry Sovereignty. |
> Parliament is sovereign, and can make or unmake any law. > No one Parliament can bind another. > No Act can be challenged by a court or its validity questioned. |
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What are the three main limitations of Parliamentary Sovereignty? |
> The effect of EU membership. > Devolution in Scotland and Wales. > Human Rights Act (1998) |
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What is the Separation of Powers? |
> Theory created by French philospher Montesquieu. > The idea that the only way to safeguard the freedom of citizens is to keep the 3 arms of the state separate. > Individuals should not be in more than one arm of the state. > But in reality, there is more of a fusion than a separation. |
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What is the Executive? |
> The Government and state bodies, such as the Police. |
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What is the Legislature? |
> Parliament |
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What is the Judiciary? |
> Judges |
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What is the Rule of Law? |
> It is an important principle which lies at the heart of the UK's constitution. > It is the belief that the state should govern its citizens in accordance with rules which have been agreed upon. |
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What did Dicey say were the three most important principles in the Rule of Law? |
> No one should be punished unless they have broken a law. > One universal set of laws should govern everyone, there should be no 'special laws' for certain groups of people. > The human rights of people should be upheld by independent judges. |
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Name three principles created by Lord Bingham |
> The law must be accessible, intelligible, clear, and predictable. > Ministers and public officers must exercise the powers conferred on them reasonably. > The laws of the land must apply equally to all, save to the extent that objective differences justify differentiation. |
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Arguments for a 'written constitution' |
> Makes things clearer. > Accessible for citizens. > Greater protection of rights. |
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Arguments against a 'written constitution' |
> Difficult to change. > An unwritten constitution part of our heritage. > An unwritten constitution allows flexibility. |
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Name three ways in which the UK attempts to uphold the Rule of Law, and how they do this. |
> Supreme Court - The courts are independent of the Government, and Parliament. > PACE Act (1984) - The power of the police is laid down in statutes. > The CPS - The decision to prosecute remains with the Crown Prosecution Service, rather than the police for most crimes. This helps to ensure the police do not attempt unnecessary prosecution. |
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Name two examples of when the Rule of Law has not been followed. |
> John Hemming MP - Ryan Giggs scandal. > Abu Qatada - Detained without trial. |
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What is the Royal Prerogative? |
> The Royal Prerogative consists of a number of power/privileges in the past performed by a monarch, but now by Ministers on their behalf. > Examples of these powers include; declaring war, dissolve Parliament, appoint ministers, and dispense honours. |
