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The rule of law is a cornerstone constitutional principle ensuring the supremacy of law over all individuals and institutions in society. We explore diverse philosophical and political perspectives on this foundational concept, examining its relationship with separation of powers and parliamentary sovereignty.

• General definition: law is sovereign and all are subject to it
• Philosophical perspectives from Aristotle, natural law theorists, and social contract theory
• Political theoretical viewpoints including Marxism and Professor Joseph Raz's approach
• Responsible government concept requiring accountability within legal boundaries
• Historical significance of the 1611 Case of Proclamations in limiting Crown power
• Introduction to A.V. Dicey's exposition on rule of law as a constitutional cornerstone

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Examining the separation of powers doctrine, we explore the dynamic relationship between the judiciary and legislature, with particular focus on the limits of judicial interpretation and the supremacy of Parliament in the UK constitutional framework.

• Parliament stands as the supreme lawmaking body in the UK, while the judiciary's role is limited to interpreting rather than striking down legislation
• The Picking v British Railway Board case established that courts cannot invalidate statutes even when procedural irregularities in passage are alleged
• Lord Denning's view that courts should "fill gaps" in legislation contrasted with Lord Simons' position that doing so usurps legislative function
• R v R case (1991) effectively abolished the marital rape exemption, demonstrating the courts' ability to develop common law in significant ways
• The UK Supreme Court, unlike its US counterpart, cannot strike down unconstitutional laws, raising questions about its true "supremacy"
• The separation of powers requires checks and balances between the three state organs to prevent concentration of power

💡⚖️ Let’s learn the law together—one session at a time!

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The separation of powers between branches of government is essential to democratic governance, with various overlaps creating checks and balances that prevent any one branch from gaining too much authority.

• Executive can be controlled by the judiciary, as illustrated in M v Home Office where the court found a government department in contempt
• Courts distinguish between "Crown as monarch" (not subject to judicial oversight) and "Crown as executive" (subject to judicial review)
• Justiciability determines what matters courts can address - individual rights are justiciable while "high policy" decisions generally are not
• The GCHQ case established that royal prerogative powers are subject to judicial review except in specific areas like treaties and national security
• Former Lord Chancellor role spanned all three branches of government until Constitutional Reform Act 2005
• Judicial independence now strengthened through Lord Chief Justice role and Judicial Appointments Commission
• Questions remain about executive influence over judicial appointments

Join us in our next segment where we'll explore the final overlap between the judiciary and legislature to complete our examination of separation of powers in the UK constitution.

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We explore the complex reality of separation of powers in the UK, focusing on the overlaps between the legislature, executive, and judiciary that challenge Montesquieu's traditional vision.

• The judiciary serves as an important check and balance but lacks the power to strike down laws unlike the US Supreme Court
• UK has a bicameral parliament with the House of Commons (elected MPs) and the House of Lords (appointed members)
• The Lord Chancellor historically violated separation principles by having roles in all three branches until the Constitutional Reform Act 2005
• The executive effectively controls the legislature through party discipline in the first-past-the-post system
• This arrangement has been criticized as an "elective dictatorship" where governments with majorities dominate parliament
• Ministers can create legally binding statutory instruments through delegated legislation, blurring the line between executive and legislative powers
• The UK maintains parliamentary sovereignty while allowing for judicial independence

💡⚖️ Let’s learn the law together—one session at a time!

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We explore the constitutional principle of separation of powers, examining its historical development and application within the UK's system of governance. This doctrine divides state authority among the executive, legislature, and judiciary to prevent power concentration and protect democratic freedoms.

• Separation of powers (trias politica) originated in ancient Greece and was widely used in the Roman Republic
• The UK demonstrates a fusion of powers rather than strict separation, particularly between executive and legislature
• The judiciary maintains independence as a crucial element of constitutional balance
• Constitutional developments like the Human Rights Act 1998 and Constitutional Reform Act 2005 have strengthened separation
• Statutory interpretation raises questions about potential judicial lawmaking
• Preventing concentration of power protects against tyranny and safeguards individual liberty
• John Locke warned about combining lawmaking and law-enforcing powers in the same hands
• Each constitutional organ should serve as a check and balance on the others

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We explore the unique nature of the UK's uncodified constitution, examining its principles, sources, and how it differs from codified constitutions in other countries. Parliamentary supremacy stands at the heart of the UK system, with Parliament as the supreme lawmaking body rather than a written constitutional document.

• Parliamentary supremacy forms the core principle of the UK constitution
• Separation of powers ensures no single state organ becomes "judge, jury and executioner"
• Judicial independence allows courts to stand as the "conscience of the nation"
• UK constitutional sources include both legal sources (legislation, common law) and non-legal sources (conventions, customs)
• Key Acts of Parliament with constitutional significance include the Magna Carta, Human Rights Act and Parliament Acts
• Constitutional conventions are non-justiciable rules considered binding by constitutional players
• The office of Prime Minister and Cabinet exist purely by convention
• Royal assent to bills passed by Parliament occurs by convention

Join us for the next session where we will explore the separation of powers in greater detail.

💡⚖️ Let’s learn the law together—one session at a time!

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Constitutional frameworks differ significantly across jurisdictions, with the UK's uncodified constitution contrasting sharply with the codified documents found in countries like Jamaica, South Africa, Nigeria, and the United States. Despite common misconceptions, the UK does have a constitution, though its character as unwritten, unitary, supreme, and flexible creates a unique legal framework centered on parliamentary sovereignty.

• Unitary constitutions place power with central government, though the UK has devolved powers to regional bodies
• The West Lothian Question highlights an anomaly where Scottish MPs can vote on English matters in areas devolved to Scotland
• UK Parliament enjoys supremacy as the highest lawmaking authority, unlike countries where constitutions overrule contradictory legislation
• Flexible constitutions like the UK's can be changed through regular Parliamentary processes without special procedures
• Codified constitutions typically contain entrenched provisions declaring themselves supreme and invalidating inconsistent laws
• Key constitutional concepts include entrenchment, supremacy, and citizens' rights and liberties
• Parliamentary supremacy represents the fundamental principle of the UK's constitutional framework

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We explore the concept of constitutions, examining the distinction between narrow definitions (codified documents) and broader interpretations (frameworks for state governance and citizen rights). The UK doesn't have a single constitutional document but possesses a complex body of rules regulating state institutions and citizen relationships.

• Constitutions can be defined narrowly (single codified document) or broadly (framework for state-citizen relations)
• Jamaica's 1962 constitution demonstrates what typically appears in a codified constitution
• Academic Colin Munro argues "every state has a constitution in the broader sense"
• The UK has an uncodified rather than "unwritten" constitution
• Britain's constitutional rules appear in statutes, case law, non-legal rules and constitutional principles
• The UK lacks a codified constitution due to centuries of stable, incremental development without revolution
• Constitutional characteristics include codified vs uncodified, unitary vs federal, monarchical vs republican
• Westminster's fused power model contrasts with strict separation of powers in other systems
• The UK executive being drawn from the legislature creates fewer restraints on government power

💡⚖️ Let’s learn the law together—one session at a time!