Term
| What legislation occurred in 1688 - and name 3 of its laws |
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Definition
1688 Bill of Rights
- 1688 “Glorious Revolution” - William of Orange and Mary take throne
- Laws without parliamentary consent is illegal
- Raising/keeping army during peacetime is illegal
- Jury trial |
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Term
| What legislation occurred in 1700, and what happened? |
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Definition
| Act of Settlement - Parliament is supreme law making body |
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Term
| Organs and their functions. |
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Definition
Legislature - Parliament make laws
Executive - Laws are put into effect by the Crown
Judiciary - Courts interpret laws, adjudicate on legal issues and seek justice |
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Term
| "No important differences [between the three functions of Government] executive and judiciary are a more detailed kind of lawmaking" |
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Definition
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Term
| Which two people said that 3 functions of Government were an "important organising and critical principle" |
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Definition
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Term
| 3 points of Wade's Paradigm |
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Definition
o No person/body forms more than one organ of Government
o One function should not do the job of the other 2
o Should not interfere |
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Term
| Constitutional Reform Act 2005 |
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Definition
- Independent judiciary
- No bias/influence
- Creation of Supreme Court |
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Term
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Definition
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Term
| 2 piece of legislation that govern Judicial Review |
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Definition
| o Governed by s.31 Supreme Court Act 1981 and p.54 Civil Procedure Rules 1998 |
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Term
| 3 key functions of Judicial Review |
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Definition
o Set aside unlawful Government action – consider thoughts of decision maker
o Restrain unlawful acts
o Correct drafting mistakes/obvious mistakes |
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Term
| Delegated legislation + and its overlap |
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Definition
- Ministers who make law = Delegated legislation = made by those outside of Parliament - can be challenged in a court
Legislature + Executive |
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Term
| Statutory Instruments Act 1946 |
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Definition
| - Ministers who make law = Delegated legislation = made by those outside of Parliament - can be challenged in a court |
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Term
| Cabinet ministers are also _____ (overlap) |
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Definition
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Term
| Overlap of Legislature and Judiciary in relation to the House of Commons |
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Definition
| - House of Commons has the power to decide disputes and punish offenders |
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Term
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Definition
| power to decide if statutory requirements have been followed |
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Term
| Overlap of Legislature and Judiciary in relation to Judges + restriction |
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Definition
| Judges can make law, but are duty bound to follow precedent and can only make law specific to the case before them |
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Term
| (R v Secretary of State for the Home Department, ex p Venables (1997) |
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Definition
| - Royal Prerogative of Mercy – release/pardon criminals, on the advice of the Home Secretary |
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Term
| Who said separation of powers never part of unwritten constitution |
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Definition
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Term
| Who said separation of powers is is an important part of UK constitution |
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Definition
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Term
| “our constitution has never embraced a rigid doctrine of separation of powers”. |
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Definition
| - Lord Steyn (R (Anderson) v Secretary of State 2002 |
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