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19 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Democracy is at the very least... |
'a demand for the opportunity to make power in our adult lives always ultimately answerable to those over whom it is exercised' |
A demand... |
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What are the two key elements of accountability? |
1. Those who govern must explain and justify their actions. 2. Those who are government can challenge and criticise such conduct. |
1. Jusfify 2. Challenge |
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What is legal accountability? |
Legality of official action. |
Legality... |
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What are the two key principles of legal accountability? |
1. Rule of law 2. Separation of powers |
1. Rule 2. Separation |
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What are the two types of Rule of law? |
1. Thin/formal 2. Thick/substantive |
Thi... |
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What are the seven things that the law must be? |
Clear, published, general, applied by officials, non-contradictory, prospective, stable. |
C, p, g, a, n, p, s. |
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What did E.P. Thompson say and mean? |
'The rules of law itself, the imposing of effective inhibitions upon power and the defence of the citizen from power's all intrusive claims, seems to me to be an unqualified human' |
'The rule of law itself... |
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What are the three parts to Dicey's flawed account of the rule of law? |
1. Exclusion of wide discretionary power. 2. Equality before the law in the ordinary courts. 3. Common law |
1. Ex 2. Eq 3. Co |
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What did R. Dworkin say on the principle of thick rule of law as a definition? |
Insists that moral and political rights be recognised by positive law. |
Insists that... |
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What are the three key topics to do with the rule of law in the U.K. Constitution? |
1. Government according to law. 2. Rule of law as a prescriptive doctrine. 3. Principle of legality. |
1. Gov 2. Rul 3. Pri |
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What Key topic of the rule of law was broken in Entick v Carrington? |
Government according to law |
Gov... |
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What happened in R v I.R.C., ex P. Rossminster? |
Governments seized papers with a warrant that did not specify tax fraud but it was found to be still legally valid. |
Seized papers |
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What happened in R (Corner House Research) v Director of the serious fraud office? |
Allegations of bribery due to military contracts. Claimed to risk national security. Courts decided it 'involves no affront to the rule of law' |
Military contracts. |
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What happened in Merkur Island Shipping (1983)? |
S.17 of the employment was unclear and it needs to be to protect the rule of law. |
section 17 |
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What is an example of when the law was not prospective? |
Burmah Oil was reversed by the War Damage Act 1965. |
WDA1965 |
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What is an example of the principle of legality? |
R v Secretary of State ex. P., Pierson. Double murder and they wanted to increase the sentence beyond the 15 years. |
Double murder |
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What is Simms? |
A case where a prison enforced a blanket ban on visits for prisoners in a professional format but was not seen as legal. |
Blanket ban |
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What is the principle of legality? |
The idea that law must be clear, ascertainable and non-retrospective. |
The idea that the law must be... |
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What happened in Ahmed v HM Treasury? |
Asset freezing of terrorists. Violated the principle of legality because an act of Parliament needed to authorise interference with property. |
Asset freezing |
