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We explore Dicey's second principle of the rule of law – that all people, regardless of rank or status, are equal under the law – and examine how this principle manifests in the UK's legal system while considering its limitations and criticisms.

• The UK considers itself a strong supporter of the rule of law, particularly the principle that all are subject to one legal system
• Government and public officials must provide legal basis for their actions and are accountable to the same courts as ordinary citizens
• Special powers and privileges exist for certain officials (police, ministers, diplomats) within the framework of law
• Judicial review ensures public officials do not exceed their powers, serving as evidence of the rule of law in action
• Dicey's third principle that rights are best protected by common law rather than a bill of rights appears outdated
• The Human Rights Act now provides a single codified document where citizens can identify their rights
• Courts still play an important role in interpreting statutes and defining the scope of rights expressed in legislation

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Parliamentary sovereignty faces significant challenges from EU membership and the Human Rights Act, reshaping the UK's constitutional framework. We explore how these developments have created a "special legal order" that impacts Parliament's traditional supremacy while maintaining its theoretical sovereignty.

• EU membership created a new legal order where community law takes precedence over inconsistent national law
• The European Communities Act 1972 incorporates EU law directly into UK law
• Lord Denning described EU law as an "incoming tide" flowing into UK legal estuaries
• Courts have treated the ECA as a "constitutional statute" not subject to implied repeal
• The Human Rights Act requires courts to interpret UK law compatibly with human rights
• Section 4 of the HRA allows courts to make declarations of incompatibility
• Section 10 enables amendment of incompatible legislation through delegated legislation
• Parliament remains theoretically sovereign but faces practical limitations
• These constitutional developments create potential "constitutional nightmares" if reversed

I urge you to review the EU law session and Human Rights Act lecture for more depth on how these interpretative obligations impact parliamentary sovereignty.

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This session explores the concept of manner and form within the principle of parliamentary sovereignty, examining whether UK legislation can be entrenched against future changes. We delve into theoretical perspectives, Commonwealth case law, and modern challenges to Dicey's traditional doctrine of parliamentary supremacy.

• Entrenchment describes legal devices inserted into Acts of Parliament to make future amendment or repeal more difficult
• The UK lacks true entrenchment possibilities under current constitutional arrangements because Parliament cannot bind its successors
• Human Rights Act represents "soft form entrenchment" as it seeks to bind both previous and successive parliaments
• Commonwealth cases like AG for NSW v Trethowan demonstrate entrenchment in jurisdictions with written constitutions
• Statute of Westminster Section 4 provides interesting test case for Parliament limiting its own power over dominions
• Parliamentary sovereignty has faced erosion through devolution, EU membership, and human rights legislation
• Theory remains that Parliament retains power to repeal previous acts, but practical limitations have emerged

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Parliamentary sovereignty forms the cornerstone of the UK's constitutional framework, establishing Parliament as the supreme legal authority with the power to make or unmake any law without limitation or challenge from the courts. Dicey's tripartite concept explains how Parliament can legislate on any subject, cannot bind its future iterations, and produces Acts that cannot be invalidated by any person or body in the UK.

• Parliament's legislative supremacy means it can make laws on any subject and is subordinate to no one
• Examples of Parliament's supreme power include changing royal succession rules and creating devolved administrations like the Scottish Parliament
• UK courts presume Parliament doesn't intend to legislate contrary to international law, but domestic law prevails when conflicts arise
• Parliament cannot bind future parliaments through the principles of express and implied repeal
• No person or body can question the validity of parliamentary enactments in court
• EU membership and the Human Rights Act have introduced complexities to the traditional understanding of parliamentary sovereignty

Join us next time as we explore the concepts of manner and form, entrenchment, and their implications for parliamentary sovereignty in UK law.

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The rule of law stands as a fundamental principle of the British constitution, but its practical application reveals fascinating tensions with parliamentary sovereignty. When examining historic definitions from A.V. Dicey alongside modern legal cases, we discover how this principle both protects individual rights and faces significant challenges.

• Judicial review serves as a crucial check on government power by allowing challenges to executive actions
• The jury system represents a "bulwark of liberties" where citizens are judged by their peers
• Rules of evidence like the Turnbull Guidelines ensure fair trials through standardized procedures
• Landmark cases like Entick v Carrington established limits on government authority, even royal power
• The Malone case revealed how rights can be violated through legal gaps, not just through bad laws
• R v R (marital rape) raised questions about changing laws to reflect modern values versus rule of law principles
• Parliamentary sovereignty presents a paradox as both a democratic principle and potential threat to rule of law
• Non-justiciability in matters of "high policy" creates areas where legal oversight may be limited

Join us for the next lecture in this public law series as we continue exploring constitutional principles.

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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

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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 Dicey's exposition of the rule of law and its three key principles while examining how these principles have been challenged and evolved over time. The tensions between the rule of law and parliamentary sovereignty reveal fundamental questions about justice, fairness, and constitutional balance.

• Dicey's rule of law consists of three principles: no punishment without breach of law, equality under the law regardless of rank, and rights best protected by common law
• Sir Ivor Jennings critiqued Dicey's approach as unrealistic even for his time, citing numerous examples of discretionary power
• The principle against retrospective legislation remains relevant today, enshrined in Article 7 of the European Convention on Human Rights
• The case of Burma Oil v Lord Advocate demonstrates how parliamentary sovereignty can override rule of law principles
• The War Damages Act 1965 showed Parliament's willingness to legislate retrospectively despite rule of law concerns
• Equality under law, Dicey's second principle, is often misunderstood and requires careful examination

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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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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

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