2. 1. Define the ‘separation of powers’, ‘the rule of
law’, ‘parliamentary sovereignty’, ‘the UK
constitution’, ‘the criminal/civil distinction’,
‘standards of proof’
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4. A.V. Dicey, (1885), The Rule of Law
1. Parliament may introduce any law it wishes
2. Parliament can not bind future Parliaments
3. Laws made by Parliament override all other
forms of law
4. The courts must apply the laws made by
Parliament.
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5. Parliamentary Sovereignty
The central doctrine of the UK constitution
which states that:
1. Parliament is the supreme law making body
in the country (can make or unmake any law)
2. Parliament cannot bind future parliaments in
decision making
3. Parliaments decisions cannot be overturned
by any higher authority (only Parl. can make
law)
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6. What is ‘The’ UK Constitution?
• A legal framework detailing the composition
and responsibilities of the institutions of govt.
and describing their relationship both with
each other and with the country’s citizens
• This implies the operation of constraints on
the exercise of power
• Unconstitutional behaviour is anything that
falls outside the accepted rules and norms of
the political system
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7. Codified or Uncodified?
• A codified constitution is when the laws, rules and
principles specifying how a state is to be governed are
set out in a single legally entrenched constitutional
document.
• An uncodified constitution is when the laws, rules and
principles specifying how a state is to be governed are
not set out in a single legally entrenched document but
are found in a variety of sources such as statute law
and EU law.
• The UK, Israel and New Zealand (and San Marino) are
the only nations which have an uncodified
constitutions.
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8. Sources of the UK Constitution
Statute law
Acts of Parliament
i.e. The Children Act 1989
Common law
Laws developed by judges
through the decisions of courts
setting precedent in areas of
conflict or dispute
i.e. Gillick v West Norfolk and
Wisbech Area Health Authority
[1985]
Or
R v (B) (The boyfriend of Baby
Peter’s mother)
(C) (Baby Peter’s mother)
and
Jason Owen
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10. Criminal Courts
• The main criminal courts in England and Wales are:
1. The Magistrates’ Courts;
2. The Crown Court.
All criminal cffences are classified as one of the following:
• Summary only offences, triable only in the Magistrates’ Courts;
• Either way offences, triable either in the Magistrates’ Courts or the Crown
Court;
• Indictable only offences, triable only in the Crown Court.
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11. Criminal Standard of Proof
‘Beyond reasonable doubt’.
Generally, the prosecution (R) must prove this.
There is a presumption of innocence; ‘innocent until
proven guilty’.
Summed up in Blackstone’s formulation: "It is
better that ten guilty persons
escape than that one innocent
suffer“.
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12. Civil Standard of Proof
• On the ‘balance of probabilities’
• Even though the standard of proof is lower in
civil cases the use of such a standard is that in
some cases the question of the probability or
the improbability of a happening is an
imperative consideration to be taken into
account in deciding whether that event has
actually taken place or not.
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