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Constitutional Principles part I - Coggle Diagram
Constitutional Principles part I
The Separation of Powers
Theory exploring good constitutional governance
Relationship between three branches of the state
Executive
Legislature
Judiciary
'Strict' or 'pure' theories
'Diluted' or 'blended' theories
Means to an end - prevent tyranny/abuse of power
Effective constitutional 'checks and balances' required
Does the UK comply with the separation of powers?
Where is there overlap?
Executive comes from Legislature
The Rule of Law
Status and definitions
Constitutional Principle
No universally agreed definition - so we need to look at what some of the different definitions are - these are known as theories
The theories range from those who say the rule of law is merely a tool of political discussion about what the characteristics of law should be (formal theories) to those who believe it is a much more meaningful doctrine that has practical significance, and even further, to some it also involves the content of law (so 'bad' laws do not comply with the rule of law) as well as its characteristics (substantive theories)
Dicey
No punishment other than a breach of the law
Equal application of law
The judiciary's constitutional role underpins the rule of law
Raz
Laws should be prospective, open, and clear
Laws should be stable
Law making should be clear
Independence of the judiciary
Natural justice
Review powers of courts
Accessibility of courts
Crime prevention agencies must have limited discretion
Bingham
Core explanation, followed by 8 principles
Accessible, clear and predictable
Law, generally not discretion
Equality
Powers exercised in good faith
Human Rights
Civil dispute resolution
Fair adjudicative proceedings
International law
Jowell
Legality
Certainty
Equality
Access to justice and rights
'Formal' versus 'substantive' debate - what type of theory do you think it is and why? This requires an examination of the different theories and deciding which one you agree with the most and why. This is important as this dictates what 'you' think the rule of law is - it gives you 'your' definition