Key Ideas in Law: The Rule of Law and the Separation of Powers (Paperback)

Table of Cases Table of Statutes Abbreviations 1. Overview The Rule of Law The Separation of Powers The Constitutional Framework Sources of Law 2. Formal and Substantive Conceptions of the Rule of Law 3. Dicey's Rule of Law and the 20th Century Critiques 4. Accessibility of Law Publication Clarity and Intelligibility Prospectivity, Retrospectivity and Retroactivity Reasonable Stability Open Justice 5. Avoiding Arbitrariness Certainty and Flexibility Uncertain and Ill-Defined Laws Constraints on Discretion Henry VIII Clauses 6. Access to Justice Access to Courts and Tribunals Fair Procedures 7. An Independent and Impartial Judiciary Introduction Lessons from History Individual Independence Institutional Independence Accountability External and Internal Challenges and Opportunities 8. The Separation of Powers and the Balance of Responsibilities The Separation of Powers Constitutional Statutes The Balance of Responsibilities 9. Enabling Majorities and Protecting Minorities in Our Democracy The Right to Vote at Regular Elections Parliamentary Sovereignty Parliament's Historical Acquiescence in Common Law Principles Limitations on the Protection of Minorities Attempts to Exclude Access to the Ordinary Courts Judicial Circumspection Protection of Minorities under the ECHR and the Common Law Bibliography