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This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
The constitutional principles of parliamentary sovereignty, the rule of law, democracy and internationalism guide the UK's modern political system. The central institutions of modern government are Parliament, the judiciary , the executive, the civil service and public bodies which implement policies, and regional and local governments.
The executive is bound to the rule of law, interpreted by the judiciary, but the judiciary may not declare an Act of Parliament to be unconstitutional. While principles may be the basis of the UK constitution, the institutions of the state perform its functions in practice. First, Parliament is the sovereign entity. Its two chambers legislate.
The principles it expounds are considered part of the uncodified British constitution. [3] He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the LSE Law School, and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", [4] although its use goes back to the 17th century.
Over its history, the British constitutional system had widespread influence around the world on the constitutional governance and legal systems of other countries, propagating the spread of the principles of the rule of law, parliamentary sovereignty and judicial independence. [156] [157] [158] [159]
The constitution consists of legislation, common law, Crown prerogative and constitutional conventions. Conventions may be written or unwritten. Conventions may be written or unwritten. They are principles of behaviour which are not legally enforceable, but form part of the constitution by being enforced on a political, professional or personal ...
Natural justice, the right to a fair trial, is in constitutional law held to temper unfair exploitation of parliamentary privilege. On 21 July 1995 a libel case, Neil Hamilton , MP v The Guardian , collapsed as the High Court ruled that the Bill of Rights' total bar on bringing into question anything said or done in the House prevented The ...
After his involvement in the drafting process of the South African constitution, [14] he turned to a fourth issue: the extent to which certain principles or rights are implied in the UK’s uncodified constitution, and in particular, whether the principles of equality [15] and the rule of law [16] are inherent components of the UK's ...