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Sources and Nature of the Constitution :2

Sources and Nature of the Constitution :2. The Rule of Law Historical Context. Prohibitions del Roy (1607) Case of Proclamations (1611) (note Coke CJ’s fate) Crystallisation by Dicey. Sources and Nature of the Constitution :2. Dicey based his concept of the rule of law on THREE ideals.

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Sources and Nature of the Constitution :2

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  1. Sources and Nature of the Constitution :2 • The Rule of Law • Historical Context. • Prohibitions del Roy (1607) • Case of Proclamations (1611) (note Coke CJ’s fate) • Crystallisation by Dicey

  2. Sources and Nature of the Constitution :2 • Dicey based his concept of the rule of law on THREE ideals. • (1) Government According to the Law • Entick v. Carrington (1765) • C.f. : R v. IRC ex p Rossminster [1980] AC 952 • R v. Horseferry Rd Magistrates ex p Bennett [1994] AC 42

  3. Sources and Nature of the Constitution :2 • (2) Equality Before the Law • Parliamentary Privilege? • Diplomatic Immunity? • Crown Immunity?

  4. Sources and Nature of the Constitution :2 • (3) The Judiciary Are the Best Guardians of the Subjects’ Rights. • Is this realistic? • Does the relevant case-law support this?? • Note cases about foreign detainees.

  5. Sources and Nature of the Constitution :2 • Dicey’s theory was updated and modified by Raz. (See (1977 93 Law Quarterly Review 195) • Three important points arise from this contribution to the debate. • (1) Laws should be Clear • Merkur Island Shipping Corp. v. Laughton and ors [1983]2 AC 570

  6. Sources and Nature of the Constitution :2 • (2) Laws Should be Prospective • War Crimes Act 1991 • Reforms to ‘Double Jeopardy.’ • Article 7 European Convention on Human Rights and Fundamental Freedoms.

  7. Sources and Nature of the Constitution :2 • (3) Judicial Independence is Vital • In re M [1993] 2 WLR 433 • Matrix Churchill • Starrs v. Procurator Fiscal (2000) HRLR 191

  8. Sources and Nature of the Constitution :2 • The Separation of Powers • The UK has a Tripartite System • Executive • Legislature • Judiciary

  9. Sources and Nature of the Constitution :2 • The doctrine itself • Montesquieu • The Lord Chancellor (McGonnell v. United Kingdom (2000)) • Overlap of Personnel between Executive and Legislature.

  10. Sources and Nature of the Constitution :2 • Topic Summary and Conclusions.

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