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The UK Constitution - Coggle Diagram
The UK Constitution
Rule of Law
Rule of Law: Dicey was also responsible for the second theory that underpins the UK's unwritten constitution. He said that the concept of the rule of law has three components: 1. No sanction without breach 2. One law should govern anyone 3. Rights of individuals are secured by decisions of judges.
No sanction without breach: No one should be punished unless they have broken a law. This means that there should be proper legal procedures and that all law should be public and cannot be secret. In principle, no law should have a retrospective effect (new law should not apply to past events).
In English and Welsh legal systems, the actions of and decisions by government ministers can be challenged by judicial review. This element of the rule of law ensures that the state does not have wide discretionary powers to make arbitrary decisions.
One law should govern everyone: Everybody (including the government) is equal before the law. Dicey's idea was that court proceedings would apply to the citizens, the government and to public bodies. However, some institutions such as the police are given more powers that citizens to enable the state to function.
Rights of Individuals are secured by decisions of judges: This engages with the idea of precedent which is that the highest courts can make a decision in a case that then has to be followed by the lower courts. In this way, no new legal principles are created. Although most modern laws are created by Acts of Parliament and DL, judicial decisions do still create law.
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Separation of Powers
Montesquieu: an 18th-century French philosopher who created the theory of the separation of powers which stated that the only way to safeguard the liberty of citizens is to keep the three arms of the state - legislature, judiciary and executive separate. This theory requires that individuals should not be members of more than one arm of the state - but in reality there is some overlap and we are increasingly seeing a fusion of the arms rather than separation.
Legislature: The UK Parliament. It enforces the law. Includes the House of Commons, House of Lords and the Monarch.
Executive: The UK government. It enforces the law. Usually formed by the party who won the most seats in the House of Commons at a general election.
Judiciary: The judges. They apply and interpret the law.
The Prime Minister and their cabinet make up the Executive but there are also MPs who sit in the legislature. The Executive is also influential on the legislature agenda as proposed policies are often part of the government's manifesto. This may reflect a particular political viewpoint as the Executive is formed by the party who won the most seats - this is deemed acceptable as the Executive is formed in a democratic way, having been elected by the public.
For a long time, there was also overlap between the judiciary and the legislature. This was because the House of Lords was a legislative debating chamber as well as being the highest appeal court of the UK. This was deemed unsatisfactory as it goes against the theory of the separation of powers. As a result - the Constitutional Reform Act 2005 created the UK Supreme Court - removing the most senior court from the Legislature.