Essay On Government Sovereignty

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Government sovereignty; the rule of law and the separation of powers govern the public law and with it, the relationship between the state and the individuals that comprise it.

According to AV Dicey, the rule of law can be subsumed into three pillars. Firstly everyone, regardless of status, race or heritage, is equal in the eyes of the law and hence should be treated the same with respect to criminal law. Secondly, that the principles of British law come from ordinary, judge-made law, which bind individuals with certain rights and obligations. Finally, the law must be preferred to an arbitrary power, which forms its opinions on a subjective standpoint alone.
Without one, the rule of law is incomplete.
Furthermore according to Dicey, the key feature of the rule of law is that the government is also bound and governs with regard to the law. This view is enforced in the case of
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For example, the Terrorism Act 2006, which changed the maximum duration that someone could be detained for without being charged to 28 days, can be see not take precedence over the rule of law by undermining it. Furthermore due to the UK not having a written constitution, there is no document that can tell us what powers government has or, more importantly, doesn't have, and no UK judgement specifically discredits the idea of parliamentary sovereignty. One must also consider that Parliament has influence over the rue of law. Even though the rule of law means to establish clarity of what is and isn't allowed in the eyes of the law, Parliament can pass new legislation to alter this, and hence influence the rule of law. An example of this is the Criminal Evidence (Witness Anonymity) Act 2008 which nullified the defendants right to know the identity of his witness by replacing it with a regime where witness anonymity orders could be used if circumstances allowed or required them to be
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