What are The Three principles?
Rule of law, Separation of powers and parliamentary sovereignty
Why are the three principles important?
- They underpin our constitution and legal system
- They help to guarantee our liberties in the absence of a written constitution
- They are a tool to help you evaluate legal rules, institutions and processes
Explain The rule of law?
A.V Dicey
Constitutional Reform Act 2005
- No punishment without law
- Everyone is equal before the law
- Rights are secured by judicial decisions in individual cases.
- This means- The state cannot exercise power arbitrarily, but only accordance with agreed legal rules.
- A public authority must not do something which affects a person’s rights or liberty unless Parliament has given it authority to do so either in an act of parliament or indirectly by delegated legislation.
- ” Every official from the prime minister down to a constable or collector of taxes is under the same responsibility for every act done without legal justification as any other citizen.”
Entick v Carrington 1765- Agents of the king broke into Entick’s house and took some of his papers under a warrant given by the secretary of state, as Entick was alleged to have written seditious material.
Held- There was no legal authority for this and so the secretary of state was liable to pay damages in trespass
- Recent government cuts to legal aid mean that some people on lower incomes may not be able to obtain representation in court hearings, putting them at a disadvantage. This shows that our legal system does not always live up to the ideal of equality before the law.
- Dicey thought this was not always the case in countries with written constitutions.
What should the rule of law consider?
- Protect rights and liberties
- ensure legality
- be certain and predictable
- ensure decisions are made impartially
- Ensure a fair process without undue cost or delay
- ensure that the law is ascertainable
Explain the Separation of powers
-Montesquieu
Executive- Government, PM and Cabinet= Propose laws
- Legislative- Parliament= scrutinise and pass laws
- Judiciary- Judges= Interpret and apply laws
(Each branch acts as a check on the other. This limits the power of each branch, preventing tyranny.
The three branches of state power should remain separate to avoid power being concentrated solely in the hands of one person or group.
What is the Parliamentary sovereignty?
-Parliament is the supreme law making body- CAN AMEND REPEAL OR SUSPEND ANY LAW, ANY LIMITS ON PARLIAMENT’S POWER ARE SELF IMPOSED AND CAN BE REMOVED AT ANY TIME
-Parliament can legislate on any subject matter
-No parliament is bound by previous Parliament or can bind future parliaments
-No other body has the right to override or set aside an Act of parliament.
Explain the Human rights act 1998
If an Act of parliament is not compatible with human rights, a court can make a declaration of incompatibility, as in H mental health review tribunal
- Although such a declaration is not binding it would put pressure on the government and parliament to change the law
- Parliament is still sovereign as it could repeal the human rights act at any time
