Separation Of Powers In The United Kingdom
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Separation Of Powers In The United Kingdom
The concept of the separation of powers has been applied to the United Kingdom and the nature of its executive (government), executive (UK government, Scottish Government, Welsh Government and Northern Ireland Executive), Judiciary, judicial (Judiciary of England and Wales, England and Wales, Judiciary of Scotland, Scotland and Judiciary of Northern Ireland, Northern Ireland) and Legislature, legislative (UK Parliament, Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly) functions. Historically, the apparent merger of the executive and the legislature, with a powerful Prime Minister (UK), Prime Minister drawn from the largest party in parliament and usually with a safe majority, led theorists to contend that the separation of powers is not applicable to the United Kingdom. However, in recent years it does seem to have been adopted as a necessary part of the UK constitution. The independence of the judiciary has never been questioned as a principle, altho ...
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Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ...
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Independence Of The Judiciary
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the j ...
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Big Government
Big government is a pejorative term for a government or public sector that is considered excessively large or unconstitutionally involved in certain areas of public policy or the private sector. The term may also be used specifically in relation to government policies that attempt to regulate matters considered to be private or personal such as private sexual behavior or individual food choices – similar to the British term 'nanny state'. The term has also been used in the context of the United States to define a dominant federal government that seeks to control the authority of local institutions – an example being the overriding of state authority in favor of federal legislation. Definition Big government is primarily defined by its size, measured by the budget or number of employees, either in absolute terms or relative to the overall national economy. See also * Corporate welfare * Limited government * Lemon socialism * Managerial state * Minarchism * Night watchm ...
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Ivor Jennings
Sir William Ivor Jennings ( si, ශ්‍රීමත් අයිවර් ජෙනින්ග්ස්) (16 May 1903 – 19 December 1965) was a British lawyer and academic. He served as the vice chancellor of the University of Cambridge (1961–63) and the University of Ceylon (1942–55). Education Jennings was educated at Queen Elizabeth's Hospital, Bristol (a boarding school), at Bristol Grammar School, and at St Catharine's College, Cambridge. Career Jennings joined the University of Leeds as a lecturer in law in 1925 and became a Holt Scholar of Gray's Inn and was called to the bar in 1928. The following year he joined the London School of Economics as lecturer in law. Jennings was sent to Ceylon by the British Government in 1942, as the Principal of the University College, Colombo with a mandate to create a university for that land, then a Crown colony. The institution, on the model of University of London, was dubbed the University of Ceylon and was first establis ...
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Introduction To The Study Of The Law Of The Constitution
''Introduction to the Study of the Law of the Constitution'' is a book by A. V. Dicey about the constitution of the United Kingdom. It was first published in 1885. Dicey was named the Vinerian Professor of English Law at the University of Oxford in 1883. He began delivering the lectures that were to become ''Introduction'' on 28 April 1884. In a letter to Macmillan on 9 June, he proposed that they be turned into a book. The book was published as ''Lectures Introductory to the Study of the Law of the Constitution'' in late 1885. Early reviews were generally favourable. In the book's third edition, published in 1889, its title was changed to ''Introduction to the Study of the Law of the Constitution''. A seventh edition appeared in 1907. By its eighth edition, published in 1915, a reviewer for the ''American Political Science Review'' wrote that ''Introduction'' was "accepted as a standard work on the English constitution". Dicey wrote a long introduction to the eighth edition in ...
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Albert Venn Dicey
Albert Venn Dicey, (4 February 1835 – 7 April 1922), usually cited as A. V. Dicey, was a British Whig jurist and constitutional theorist. He is most widely known as the author of ''Introduction to the Study of the Law of the Constitution'' (1885). The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the London School of Economics, and a leading constitutional scholar of his day. Dicey popularised the phrase " rule of law", although its use goes back to the 17th century. Biography Dicey was born on 4 February 1835. His father was Thomas Edward Dicey, senior wrangler in 1811 and proprietor of the ''Northampton Mercury'' and Chairman of the Midland Railway. His elder brother was Edward James Stephen Dicey. He was also a cousin of Leslie Stephen and Sir James Fitzjames Stephen. Dicey was educated at King's College School in London and Balliol Col ...
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Trevor Allan (legal Philosopher)
Trevor Robert Seaward Allan, LLD (born 9 May 1955) is Professor of Jurisprudence and Public Law at the University of Cambridge and a Fellow of Pembroke College. He is known for challenging constitutional orthodoxy in the United Kingdom, particularly in his redefinition of the scope of parliamentary sovereignty. Education and career Allan was educated at St Albans School and Worcester College, Oxford, where he received a MA in Jurisprudence and a BCL. He also holds a LLD from Cambridge University. He was called to the London Bar at Middle Temple. He was a lecturer in law at the University of Nottingham between 1980 and 1985, and joined the University of Cambridge in 1989. He was elected a Fellow of the British Academy in 2016. His books include ''Constitutional Justice: A Liberal Theory of the Rule of Law'' (OUP), ''Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism'' (Clarendon Paperback), and ''the Sovereignty of Law: Freedom, Constitution ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Parliamentary Sovereignty In The United Kingdom
Parliamentary sovereignty is an ancient concept central to the functioning of the constitution of the United Kingdom but which is also not fully defined and has long been debated. Since the subordination of the monarchy under parliament, and the increasingly democratic methods of parliamentary government, there have been the questions of whether parliament holds a supreme ability to legislate and whether or not it should. Parliamentary sovereignty is a description of to what extent the Parliament of the United Kingdom does have absolute and unlimited power. It is framed in terms of the extent of authority that parliament holds, and whether there are any sorts of law that it cannot pass.Bradley, Ewing (2007). p. 51. In other countries, a written constitution often binds the parliament to act in a certain way, but there is no codified constitution in the United Kingdom. In the United Kingdom, parliament is central to the institutions of state. The concept is exclusive to the UK Par ...
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European Integration
European integration is the process of industrial, economic integration, economic, political, legal, social integration, social, and cultural Regional integration, integration of states wholly or partially in Europe or nearby. European integration has primarily come about through the European Union and its policies. History In antiquity, the Roman Empire brought about integration of multiple European and Mediterranean territories. The numerous subsequent claims of succession of the Roman Empire, even the iterations of the Classical Empire and its ancient peoples, have occasionally been reinterpreted in the light of post-1950 European integration as providing inspiration and historical precedents. Of those in importance would have to include the Holy Roman Empire, the Hanseatic League, the Peace of Westphalia, the First French Empire, Napoleonic Empire, the Russian Empire, and the Unification of Unification of Germany, Germany, Unification of Italy, Italy, and Yugoslavia, The B ...
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Parliamentary Sovereignty In The United Kingdom
Parliamentary sovereignty is an ancient concept central to the functioning of the constitution of the United Kingdom but which is also not fully defined and has long been debated. Since the subordination of the monarchy under parliament, and the increasingly democratic methods of parliamentary government, there have been the questions of whether parliament holds a supreme ability to legislate and whether or not it should. Parliamentary sovereignty is a description of to what extent the Parliament of the United Kingdom does have absolute and unlimited power. It is framed in terms of the extent of authority that parliament holds, and whether there are any sorts of law that it cannot pass.Bradley, Ewing (2007). p. 51. In other countries, a written constitution often binds the parliament to act in a certain way, but there is no codified constitution in the United Kingdom. In the United Kingdom, parliament is central to the institutions of state. The concept is exclusive to the UK Par ...
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Legislative Supremacy
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. Many states have sovereign legislatures, including the United Kingdom, New Zealand, the Netherlands, Sweden, Norway, Denmark, Finland, Iceland, Barbados, Jamaica, Papua New Guinea, the Solomon Islands, an ...
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