Public Law I: The Rule of Law and Its Principles

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Questions and Answers

Which concept emphasizes the requirement for legal certainty and non-retroactivity in the UK?

The rule of law

The substantive conception

Formal conception (correct)

Constitutional principle

What does the principle of non-retroactivity refer to in the context of judicial decisions?

New laws can be implemented immediately regardless of prior actions

All judicial decisions are permanent and cannot be overturned

Laws cannot apply to actions that occurred before the laws were enacted (correct)

Courts must review government action every five years

Which case emphasizes the importance of access to independent courts and tribunals in the UK?

Unison (correct)

Privacy International

Anufrijeva

Pierson

What does the rule of law in the UK constitution imply about parliamentary sovereignty?

Parliament is legally permitted to override the rule of law Signup and view all the answers

Which of the following best represents what is required for the substantive conception of law in the UK?

Respect for freedom of expression and equality Signup and view all the answers

What is the primary objective of the rule of law?

To provide clarity, certainty, and accountability Signup and view all the answers

Which principle primarily emphasizes government operating under law rather than arbitrary power?

Rule of law Signup and view all the answers

What does the bare principle of legality assert?

Any law enacted following proper procedure is recognized as law Signup and view all the answers

Which concept primarily concerns the formal quality of law, including its clarity and public nature?

Formal conception of the rule of law Signup and view all the answers

In which case was it determined that a minister acted illegally by issuing an unauthorized warrant?

Entick v Carrington Signup and view all the answers

How is parliamentary sovereignty best defined?

The ability of Parliament to legislate without legal constraints Signup and view all the answers

Which of the following is NOT a characteristic of the formal conception of the rule of law?

Laws should focus on moral considerations Signup and view all the answers

What distinguishes the rule of law from rule by law?

Rule of law decreases arbitrariness in governance Signup and view all the answers

What does the principle of parliamentary sovereignty allow Parliament to do?

Create or abolish any law without restriction Signup and view all the answers

Which of the following best represents the 'negative limb' of AV Dicey's interpretation of parliamentary sovereignty?

No one can challenge or set aside Parliament's legislation Signup and view all the answers

What is the significance of the historical agreement following the Glorious Revolution of 1688 in relation to parliamentary sovereignty?

It ensures the ongoing political agreement between Parliament, the monarch, and the courts. Signup and view all the answers

What does the manner and form theory allow Parliament to do in its legislative process?

Bind itself to specific procedures for making laws Signup and view all the answers

Which statement best explains the concept of continuing sovereignty in parliamentary sovereignty?

Parliament has perpetual authority to legislate and cannot entrench its laws. Signup and view all the answers

What might happen if a Bill does not follow the special procedures outlined by Parliament?

The Bill could be subject to judicial injunction or refusal of Royal Assent. Signup and view all the answers

Which of the following best illustrates the concept of self-embracing sovereignty in parliamentary sovereignty?

Parliament can legislate on any matter, including its own powers. Signup and view all the answers

Which aspect of parliamentary sovereignty reflects its ability to repeal previous legislation?

Express and implied repeal Signup and view all the answers

Study Notes

Public Law I - Sources of Power: The Rule of Law

Learning Objectives: Define constitutional principles, explain different conceptions of the rule of law, and evaluate the rule of law's role in the UK Constitution.
Constitutional Principles: Fundamentally important values concerning the constitution which explain constitutional arrangements, influence constitutional arrangements politically or legally, and provide benchmarks for evaluating constitutional actors. Examples include the rule of law, the separation of powers, and parliamentary sovereignty.
The Rule of Law (Definition): Government operates under the law; this decreases the level of arbitrariness in government. Rule of law versus rule by law. Rule by law is the instrumental use of law to control political power.
Importance of the Rule of Law: Provides clarity, certainty, and accountability.
Key Concepts of the Rule of Law:
- Highly contested concept, with disagreement revolving around definition and scope.
- Different conceptions exist: formal (emphasizing legality and process) and substantive (emphasizing a moral and just content to the law).
- Formal conception (legality): Focuses on the processes of lawmaking and ensuring laws are clear, public, and not retroactive; formal quality of law in itself. Does not concern the content.
- Substantive conception (content) of the rule of law: Emphasizes not just process but also the good content of law; includes the freedom of expression and the principles of equality, as well as the moral and just aspects of the law itself.
Bare Principle of Legality: If something is enacted following prescribed legal procedures, it must be considered a law. This is recognised in UK law, such as the cases of Entick v Carrington (warrant to break into a house illegally) and Jackson vs the relevant legal procedure concerning fees and also Unison regarding the difficulty in accessing employment tribunals.
Formal Conception in the UK: Legally recognised principle in the UK, includes legal certainty, non-retroactivity, access to independent courts and tribunals, and judicial review of government actions (examples: Anufrijeva, Pierson, Unison, and Privacy International).
Substantive Conception in the UK: Some judicial recognition exists, but its status as a constitutional principle or legal matter is complex (e.g. the Human Rights Act).
Rule of Law in the UK Constitution: Courts strike down government actions inconsistent with the rule of law, although judges may differ in the extent of the rule of law; courts generally seek compatible interpretations of legislation (unless Acts of Parliament); Parliament is supreme legally, but it acknowledged the rule of law in the Constitutional Reform Act of 2005.

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Description

This quiz explores the concept of the rule of law as a fundamental principle within the UK Constitution. It delves into constitutional principles, the significance of the rule of law, and contrasts rule of law with rule by law. Engage with key concepts that underpin effective governance and accountability.