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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.
(London, Houses of Parliament. The Sun Shining through the Fog by Claude Monet, 1904). Parliament (from old French, parler, "to talk") is the UK's highest law-making body.. Although the British constitution is not codified, the Supreme Court recognises constitutional principles, [10] and constitutional statutes, [11] which shape the use of political power. There are at least four main ...
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.
The British constitution is the source of the modern concepts of the rule of law, parliamentary sovereignty and judicial independence and adoption of British constitutional principles propagated their spread around the world.
In France and Germany the concepts of rule of law (Etat de droit and Rechtsstaat respectively) are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities, particularly the legislature. [86] [87] France was one of the early pioneers of the ideas of the rule of law. [88]
"Reading down" is a practice in law, by which the judge first assumes that a law complies with the constitution, and thereafter finds an interpretation of the law which is "sufficiently narrow" so as to be constitutional. [34] [35] It is usually practiced on laws which are written in extremely broad or all-encompassing ways.
The term can be used to refer to the office of the monarch or the monarchy as institutions; to the rule of law; or to the functions of executive (the Crown-in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. [2]