By Routledge

ISBN-10: 0203868250

ISBN-13: 9780203868256

Routledge Lawcards are the complete, pocket-sized courses to key examinable parts of the undergraduate legislations curriculum and the CPE/GDL. Their concise textual content, common structure and compact structure cause them to an incredible revision reduction. aiding you to identify, understand and commit to memory the salient issues of every quarter of the legislation, shouldn’t you're making Routledge Lawcards your crucial revision partners?

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It is most often argued that codification is undesirable due to the loss of flexibility and the impingement upon the doctrine of separation of powers (see Chapter 2). Pros Cons Certainty Will lose flexibility and dynamic nature Clearer insight into rules regulating government Could stultify the growth of constitution Counter criticisms of arcane procedures If jurisdiction given to courts, could impinge upon doctrine of separation of powers Check on discretionary powers of government 15 09:11:07:04:08 Page 15 Black 3272CVC Page 16 09:11:07:04:08 Page 16 Black 3272CVC Black 3272CVC Page 17 Black 3272CVC 2 Fundamental concepts underlying the constitution The fundamental concepts underlying the constitution The concept of the rule of law The concept of the separation of powers The concept of the royal prerogative The concept of parliamentary sovereignty 09:11:07:04:08 Page 17 Black 3272CVC ■ ■ ■ ■ ■ Page 18 Black 3272CVC FUNDAMENTAL CONCEPTS UNDERLYING THE CONSTITUTION An understanding of the fundamental concepts underlying the constitution and the interplay between them will provide the essential basis for answering the majority of questions posed in public law exams.

Again, there is no liberty if the power of judging is not separated from the legislative and the executive. If it were joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would then be the legislator. If it were joined to the executive power, the judge might behave with violence and oppression. There would be an end to everything if the same man or the same body, whether of the nobles or of the people, were to exercise those three powers, that of enacting laws, that of executing public affairs and that of trying crimes or individual causes.

The judgment referred to s 5 of the Colonial Laws Validity Act 1865, which provides that the legislature of NSW had full powers to legislate for its own constitution, but also expressly provides that it may prescribe the procedure under which laws are passed. There is no equivalent example in the UK and the orthodox view is that the Trethowan case is irrelevant here since, unlike the ‘subordinate’ NSW legislature, the UK Parliament is sovereign and its powers are not derived from any statute. Nonetheless, it may be noted, there is nothing to prevent Parliament from creating special procedures to be followed before legislation is passed.

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