Law AS Level - 3 Key Principles

Who came up with the theory of parliamentary sovereignty?

Dicey

What is the first main point of parliamentary sovereignty?

Parliament can make / unmake any law

What is the second main point of parliamentary sovereignty?

No parliament can bind another: no Act is entrenched

What is the third main point of parliamentary sovereignty?

No Act can be challenged by court or have its validity questioned

What are some of the criticisms of parliamentary sovereignty?

• EU law overrides UK law (but this may change with Brexit).
• Human Rights: if a law abuses Human Rights

Who came up with the rule of law?

Dicey

What is the first main point of rule of law?

There is no sanction without breach - no one can be punished (e.g. via jail) unless they have broken the law. Legal proceedings should also be public.

What is the second main point of rule of law?

There is one law for everyone. This means that everyone is equal before the law

What is the third main point of rule of law?

Individual people's rights are secured by judges decisions.

What are some criticisms of rule of law(

• judges have upheld rule of law (e.g. the Constitutional Reform Act 2005: the rule of law and the importance of the independence of the judiciary)
• there have been breaches of rule of law (e.g. not allowing UK prisoners to voted when the ECtHR gave them the right to)
• court may not be accessible to all (e.g. due to money)
• conflicts with parliamentary supremacy

Who came up with the separation of powers?

Montesquieu

What did the separation of powers claim?

• the only way to safeguard the liberty of citizens was by keeping the 3 "arms" of the state separate • individuals should not be part of more than 1 arm (not happening in reality)

What are the 3 arms of the state?

1) legislative (parliament) 2) judiciary (judges within the court system) 3) executive (the majority party in parliament)