Studied by 0 people
What is A V Dicey ‘Twin Pillars’?
The ‘Introduction to the Study of the Law of the constitution’ is referred to the ‘twin pillars’ of the UK constitution. The first pillar is Parliamentary Sovereignty and the second is the Rule of Law.
What is Parliamentary Sovereignty?
This is the legal supremacy so that parliament has absolute and unlimited. Everyone follows the law.
What can Parliament do?
Parliament can make or unmake any law on any subject without constraints. This allows them to pass any law they want on anything like workers getting tips.
Can Acts be questioned?
No act can be questioned by a court nor can it’s validity questioned. Courts enforce the acts of parliament. There can be changes made if it breaks human rights.
What is Judicial Review?
The mechanisms that produces the acts that must be followed.
Why is Dicey’s view considered outdated?
As it does not necessarily reflect our current position in the UK. There are 4 ways why this is.
Membership of the European Union
Human Rights Act 1998
Devolution
Referendums
What is the Membership of the European Union?
Eu law used to override English law
What is the Human Rights Act 1998?
Parliament should not pass laws that breach human rights. All public authorities must behave in a way that does not infringe our human rights.
Senior judges must declare incompatible under s.4 and refer the law back to Parliament to change which also limits Parliament Sovereignty.
What are Referendums?
Questions to the public and is not legally binding on the government and is to undermine parliament. It can be ignored by the public but morally it is not.
What is the Rule of Law?
Everyone is equal before the law. This means that no on is above the law and no on can be punished without a trial.
What does Rule of Law mean?
This means the supremacy of the law over everyone including state officials. Meaning that the state should govern its citizens in accordance to the rules set. There are 3 parts this breaks into.
What are the 3 parts it breaks down into and what does it do?
No sanctions- without breach
One law- should govern everyone
All individuals are equal before the law- the state should use its power according to the agreed rules
This allows judges to deliver judgements in an impartial manner.
What did Professor Joseph Raz (1977) further develop.
He found that the Rule of Law could be broken down into different components like:
Laws must be prospective not retrospective. (not to apply law back in time).
No citizen should be denied justice.
Law must be accessible and clear
Why is Rule of Law important?
It is important as it acts as a safeguard against abuse of power and also exists to preserve, protect and defend the rights of citizens in a democracy.
Why else is the Rule of Law important?
It is there in securing the rights of the citizens and upholding the rule of law.
The Constitutional Reform Act 2005 enhanced the separation of powers and secured independence through the creation of the Supreme Court
Judicial Review is there to make sure everything by the government is legal and ensure that all people are treated equally.
Note 
Flashcard (45)