R v Secretary Must be

of State for clearly

AXA General the Home defined and
Insurance v BRB v Pickin Dept. ex parte accessible to
HM Advocate [1974]- Pickin Simms and Legal
those in
[2011]- owned land O'Brien questions Law must be
society
that became [1999]- should be accessible
compromised parliament resolved by and so far as
Acts cannot
by BRB due can choose to Law of the application of possible
be
to an Act. P land applies law, not Law must intelligible,
entrenched, legislate
argued Act equally to all through the give adequate clear and
so that other contrary to
was unlawful, exercise of protection to predictible
parliaments HR principles.
cannot repeal
Parliamentary this couldn't HRA will not discretion fundamental
rights
it Sovereignty- be questioned detract from
by the courts power to do
cluster of rules
so
about the Public Should only
legislative be used when
Rule of Law- servants must
Cheney v exercise only necessary to
2. Express
repeal &
competence
Conn [1968]- ROL and no one is
the powers enforce
of UK above the law, justice
entrenchment
parliament,
Taxpayer
challenged a
Parliamentary regardless of
conferred to
them in good
how courts provision of
Finance Act
Sovereignty their position
faith, fairly
and with the
should deal 1964. in society purpose of

Any provision
with laws and Provision was
Sources-
using how
not to be they were
in any Act powers of statute law,
questioned, intended
may be courts to common law
as Dicey- rule of
repealed or and
amended by
consider if international
constitutional
law- no man
laws at the is punishable/ Raz- rule of
an Act acts if laws conventions
law is a social
time weren't Criticisms- can be
enacted at a are valid philosophy, a Should be
supreme Dicey lawfully made
later date political ideal seen in formal
underestimate to suffer
found in most terms.
d the except for
legal systems, Democratic
existence of when there is
discretionary a breach of to what societies may
Parliament Key rules: 1.
powers that law degree is not always Laws should
may make legislative
4. Jurisdiction existed when different in all match with be
laws on any competence
of courts over writing the ROL prospective,
matter, with over UK
parliament Acts relatively
regard for EU The Laws should
stable, have
law and discretionary be capable of
3. Implied No court/ Persons clear rules,
ECHR powers at the guiding one's
repeal tribunal in UK should have enforced by
regulations time were actions in
shall call into access to a an
necessary, as order to plan
Where there question an court system independent
a legit one's life.
is conflict Act as a and law judiciary
consequence
between two source of law; enforcement
of the 19th
provisions, except where shouldn't
century
the provision laws are undermine
growth of
made at a incompatible the purpose
governmental
later date is to with EU law of the rules
powers
be enforced,