Sources and Nature of the Constitution :2 The Rule of Law Historical Context. Prohibitions del Roy (1607) Case of Proclamations (1611) (note Coke CJ’s.

Slides:

Advertisements

Similar presentations

The Role and Function of Parliament

Advertisements

The Changing British Political System: The British Constitution

REFERENCING USING OSCOLA Section 6 Articles from databases.

Constitutional Principles: The rule of law

Why are you afraid to break law? What is the rule of law?

Regulatory State: Parliamentary Procedure September 18, 2007.

Constitutional and Administrative Law

THE CONSTITUTION AND HUMAN RIGHTS

Constitution and Bill of Rights Test Review

Parliamentary Law Making

BRITISH CONSTITUTION PRACTICE PAPER ANSWERS JUNE 2014.

Political Background and separation of Powers

THE HUMAN RIGHTS ACT 1998 : 2 s.10 – fast track remedial action. What can trigger a s.10 order? Who can make one? What can the order cover?

The Constitution.

United Kingdom Supreme Court Parliamentary Sovereignty Brief Background Responsibilities.

Mid Term Review Jeopardy Principles of Government DocumentsJudicial Branch Grab Bag AssortedLegislative Branch

Last Topic - The Rule of Law History - Concept Rule of Law in Pakistan.

Lecture 9 Politics and the Judiciary Dr Tom Quinn GV204 – The New British Politics 2 December 2008.

“Justice, Injustice and the US Constitution.” Jeremy Lewis PhD, Huntingdon College, For presentations on Constitution and Citizenship Day, 20 Sep

Constitutional Law. Introduction Law and State Questions Overview: 1.Examine constitutions 2.Debates.

Constitutional Underpinnings and Federalism.  The Influence of the European Enlightenment  Every social, economic, and political problem could be solved.

The Meaning of ‘Judicial Independence’ Sarah, Nicki, Mike.

Judges and the judiciary — eg role of judiciary (adjudicating the meaning of law, presiding over the courts, sitting on government bodies). Relationship.

The British Constitution Introduction A Constitution fulfils a number of functions in any political system. It, –Lays down the principles on which the.

TERMS AND IDEAS GOVERNMENT - institution through which a society makes and enforces its public policies. PUBLIC POLICIES- things the government decides.

UNIT 1 TEST REVIEW JEOPARDY! Welcome to…. Civics Unit 1 Review Important Terms Declaration of Independenc Notable Philosophers U. S. Constitution Bill.

The Constitution of the United States of America.

Sources and Nature of the Constitution

Challenges to Security Sector Reform Roland Friedrich DCAF Consultant 30 July 2005.

Chapter 3 The Constitution

Topic 1: The Australian legal system 1.Basic concepts 2.Classifying law 3.Origins of Australian law 4.The federal system 5.The separation of powers.

PARLIAMENT AS Overview. EXAM REQUIREMENT The Exam board specifies the following: A knowledge of the functions of Parliament and an ability to discuss.

Last Topic - Fundamental Constitutional and Administrative Concepts Meaning Scope Sources of Governmental Power Parliamentary Legislation Delegated Legislation.

Fig 1.1 Categorising Law. Fig 1.2 Differences Between Criminal and Civil Law.

1.1 Categorising law. 1.2 Differences between Criminal and Civil Law.

Trafigura case. What do these have in common? w HIGNFY case HIGNFY case.

The Basics Know Your Rights Fixin’ the Constitution Federalism Articles $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $300 $400 $500 Other Important.

ORIGINS AND FOUNDATIONS American Government. Sources of democratic elements Athens: Direct Democracy Rome: Indirect (representative) Democracy; republic.

Origins of Government. What is Government? Objectives To learn what a government is and what it consists of To learn what a government is and what it.

Rule of Law Constitutional Law. © Copyright 2013 Tolga R Yalkin.

John Marshall John Marshall is considered one of the most influential Supreme Court Justices in American History.

Last Topic - Constitution Constitution History Fundamental Rights.

Unit 4 The British Judiciary. Separation of powers 3 forms of the state power The legislative power The executive power The judicial power.

Federal Government Vocabulary 1.Constitution 2.Amendment 3.Bill of Rights 4.Individual Rights 5.Federalism 6.Popular Sovereignty 7.Limited Government 8.Checks.

Unit 1 Test Short Answer Retest. How does the Constitution reflect ideas and events surrounding its formation? What is this question asking?

The Rule of Law. LEARNING AIMS… Explain what is meant by Britain having an unwritten constitution. Explain separation of powers. Explain the supremacy.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Common Foreign, Security and.

The UK Supreme Court. Supreme Court Back in 2003 the Blair government announced that it intended to make fundamental changes to the Judiciary. This had.

Law LA1: The Rule of Law The Rule of Law AS - Unit 1.

It’s All Common Sense Give us Liberty or Give us Death.

31/10/2012.  A collection of rules governing a country which  Defines the composition and powers of the organs of state.  Regulates the relationships.

EU Legislative Powers: Principles and Procedures

Chapter 3: The Constitution

Constitutional Convention

THEORY OF SEPARATION OF POWERS

Creating the Constitution

Parliamentary and European Law Making The Rule of Law

CREATING GOVERNMENT: THE CONSTITUTION CHAPTER 2.

Social Contract, Natural Law, Montesquieu, Separation of Powers

Seven Principles of the Constitution

THE UNITED STATES CONSTITUTION

Chapter 3 The Constitution

The U.S. Constitution.

AMERICAN FEDERAL SYSTEM

Separation of Powers.

Unit 3.2: The Constittion of the United States of America

3.2 Systems of Government.

What we have covered so far

Unit 3.2: The Constittion of the United States of America

Presentation transcript:

Sources and Nature of the Constitution :2 The Rule of Law Historical Context. Prohibitions del Roy (1607) Case of Proclamations (1611) (note Coke CJ’s fate) Crystallisation by Dicey

Sources and Nature of the Constitution :2 Dicey based his concept of the rule of law on THREE ideals. (1) Government According to the Law Entick v. Carrington (1765) C.f. : R v. IRC ex p Rossminster [1980] AC 952 R v. Horseferry Rd Magistrates ex p Bennett [1994] AC 42

Sources and Nature of the Constitution :2 (2) Equality Before the Law Parliamentary Privilege? Diplomatic Immunity? Crown Immunity?

Sources and Nature of the Constitution :2 (3) The Judiciary Are the Best Guardians of the Subjects’ Rights. Is this realistic? Does the relevant case-law support this?? Note cases about foreign detainees.

Sources and Nature of the Constitution :2 Dicey’s theory was updated and modified by Raz. (See ( Law Quarterly Review 195) Three important points arise from this contribution to the debate. (1) Laws should be Clear Merkur Island Shipping Corp. v. Laughton and ors [1983] 2 AC 570

Sources and Nature of the Constitution :2 (2) Laws Should be Prospective War Crimes Act 1991 Reforms to ‘Double Jeopardy.’ Article 7 European Convention on Human Rights and Fundamental Freedoms.

Sources and Nature of the Constitution :2 (3) Judicial Independence is Vital In re M [1993] 2 WLR 433 Matrix Churchill Starrs v. Procurator Fiscal (2000) HRLR 191

Sources and Nature of the Constitution :2 The Separation of Powers The UK has a Tripartite System Executive Legislature Judiciary

Sources and Nature of the Constitution :2 The doctrine itself Montesquieu The Lord Chancellor (McGonnell v. United Kingdom (2000)) Overlap of Personnel between Executive and Legislature.

Sources and Nature of the Constitution :2 Topic Summary and Conclusions.