Class notes
Lecture notes Law (LLB)
- Course
- Institution
everything you will need in detail to do with the rule of law within public law
[Show more]
Seller
Follow
berfinkizilboga
Content preview
the rule of law1. Constitutional principles
Constitutionalism
- Political concept that the government should govern according to the law, and is limited by the
law.
- Murkens suggests that constitutionalism means
- - concentration of power in one institution (parliamentary sovereignty)
- -government is organised by majority rule (representative government)
- -the exercise of power is controlled by constitutional principles, such as the rule of law and
separation of powers (limited government)
- - government is accountable to parliament (responsible government)
- -the exercise of power is controlled by constitutional principles, such as the rule of law and
separation of powers (limited government)
- -government is accountable to parliament (responsible government- political accountability)
- - government is held to account by an independent judiciary (responsible government- political
accountability)
Status of constitutional principles
Explanatory
- Help us make sense of the constitution
Practical
- Judges likely to interpret legislation according to existing constitutional principles;
- Politicians likely to act according to constitutional principles
- Legislation is intended to be enacted on the backdrop of existing principles
Evaluative
- Politicians (and judges) act and make decisions all the time. These decisions can be challenged or
questioned on various grounds.
- One basis for considering decisions or actions, is whether they accord constitutional principle.
- Blairs decision to go to war in Iraq in 2003 (in the eyes of some, an illegal war), could be show a
disregard for the ‘rule of law’
2. Introduction to the rule of law
- “it would not be very difficult to show that the phrase ‘the rule of law’ has become meaningless
thanks to ideological abuse and general over-use.” – Judith shklar, political thoughts and political
thinkers (university of Chicago press, 1998) 21
3. Formal conception of the rule of law
Basic principle of legality
- The rule of
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller berfinkizilboga. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.69. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53249 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now