Doctrines
Fundamental doctrines
- Supremacy of parliament
- Rule of law
- Separation of powers
- They describe the underlying principles which determine the way governmental
power is exercised
- They are a product of constitutional historical developments which have been
characterised by 3 interrelated processes
o The center of governmental power has moved away from the monarch
o Governmental power has increasingly had to be exercised in accordance with
the law as determined by the courts
o The development of democracy whereby increasing sectors of the population
through their representatives have determined the content of law
Historical development of parliamentary sovereignty
- Parliamentary sovereignty – an expression of a social relationship between the
courts & the legislature as expressed through the common law
- Elements
o Parliament is legally competent to legislate upon any subject matter
o No parliament can bind its successors or be bound by its predecessors
o Once parliament has legislated, no court/ other person can pass judgement
upon the validity of the legislation
The doctrine only applies to acts of parliament
- Where the act hasn’t been approved by the HL a certificate is given by the speaker of
the house of commons certifying that the condition of the acts has been satisfied is
conclusive
The courts have no power to examine proceedings in parliament to determine whether the
act before them is valid
Constitutional acts can only be repealed expressly
Doctrine of implied repeal – a rule of interpretation developed by the judges which states
that where 2 acts conflict, the courts apply the later act
- The extent that the earlier act is inconsistent with the later act, the earlier act is
repealed by implication
Rule of law
- Can be considered either to be a philosophy or political theory which lays down
fundamental requirements for law which are substantive & procedural in nature
- It’s necessary that the laws produced should possess some kind of qualities to make
it acceptable
- Diceys model of the rule of law
o Primarily procedural in nature
o First concept
‘No man is punishable or can be lawfully made to suffer in body or
goods except for a distinct breach of law established in the ordinary
legal manner before the ordinary courts of the land’
Benefits of certainty
o Legal certainty reflects a principle of justice
o Allows people to plan the way they live their lives
Fundamental doctrines
- Supremacy of parliament
- Rule of law
- Separation of powers
- They describe the underlying principles which determine the way governmental
power is exercised
- They are a product of constitutional historical developments which have been
characterised by 3 interrelated processes
o The center of governmental power has moved away from the monarch
o Governmental power has increasingly had to be exercised in accordance with
the law as determined by the courts
o The development of democracy whereby increasing sectors of the population
through their representatives have determined the content of law
Historical development of parliamentary sovereignty
- Parliamentary sovereignty – an expression of a social relationship between the
courts & the legislature as expressed through the common law
- Elements
o Parliament is legally competent to legislate upon any subject matter
o No parliament can bind its successors or be bound by its predecessors
o Once parliament has legislated, no court/ other person can pass judgement
upon the validity of the legislation
The doctrine only applies to acts of parliament
- Where the act hasn’t been approved by the HL a certificate is given by the speaker of
the house of commons certifying that the condition of the acts has been satisfied is
conclusive
The courts have no power to examine proceedings in parliament to determine whether the
act before them is valid
Constitutional acts can only be repealed expressly
Doctrine of implied repeal – a rule of interpretation developed by the judges which states
that where 2 acts conflict, the courts apply the later act
- The extent that the earlier act is inconsistent with the later act, the earlier act is
repealed by implication
Rule of law
- Can be considered either to be a philosophy or political theory which lays down
fundamental requirements for law which are substantive & procedural in nature
- It’s necessary that the laws produced should possess some kind of qualities to make
it acceptable
- Diceys model of the rule of law
o Primarily procedural in nature
o First concept
‘No man is punishable or can be lawfully made to suffer in body or
goods except for a distinct breach of law established in the ordinary
legal manner before the ordinary courts of the land’
Benefits of certainty
o Legal certainty reflects a principle of justice
o Allows people to plan the way they live their lives
