Legitimacy
- Created by: Launston
- Created on: 11-05-14 10:13
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- Legitimacy
- People's belief that they ought to comply with a law AND a claim by institutions of the state that their determinations ought to be complied with
- Political Constitutionalism
- Power and the making of law is and should be legitimized through Parliament
- General elections give the government authority
- Accountability of officials through questions and ministerial responsibility
- Parliamentary Supremacy
- Acts are highest form of law in UK - courts cannot set them aside
- Majoritarianism
- Major decisions should be made in Parliament - should be well equipped for debates
- Judicial scepticism
- Judges are not representative - conservative bias
- Legal Constitutionalism
- Courts are keys to creating conditions under which government power is limited
- Parliamentary supremacy is weak as government controls parliament
- No guarantee for rights of minorities
- Democracy is about insisting on the protection of rights that protect individual liberty
- Claim that demise of Parliamentary Supremacy would transfer power to unelected judiciary is misleading
- Spheres of legislature and judiciary are distinct
- Courts role is to see whether democracy has been infringed by other branches of government
- Last word would only pass on issue of whether legislature has overused powers
- Courts would still have limits when adjudicating
- Spheres of legislature and judiciary are distinct
- Is 'constitutionalism' useful?
- Discussion does not appear in Appeal Court or textbooks
- Three different purposes
- Fills void by absence of constitutional theory
- Absent constitutional document
- Umbrella term to cover settlement between judiciary, parliament and government or concepts such as rule of law
- In the UK it consists of: concentrates public power in one institution, government organised by majority rule, government held to account
- Defines purpose of public power
- In the UK it consists of: concentrates public power in one institution, government organised by majority rule, government held to account
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