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The British Constitution and Contract Law

 

Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. PS is the most important part of the UK constitution"3. Political philosopher AV Dicey has similar views, which are apparent with the definition in his book4. This concept of supremacy does not imply that Parliament will be reckless as to what laws it creates, amends or abolishes. The concept of SoP works alongside the principle of PS to ensure a check is kept of the activities of the Parliament. Since the definition given by the Parliament itself is based on the definition by Dicey, it can be said that Dicey has significant ideological influence on the Parliament. It would be important to consider the influence Dicey has on the Parliament about the RoL that is discussed next.
             Next we move on to the RoL, which is defined in Jowitts legal dictionary as governance in accordance with the law and not arbitrarily5. This is one of the more complicated concepts of constitutional law. Dicey6 defines it in three parts; first it is the predominance of the law, second it means that everyone is equal in the eyes of the law and the third meaning is the one based on the uncodified constitution i.e. the constitutional code originates from ordinary law. Continuing on Diceys influence on the Parliament it can be inferred that in creation of most of the laws this three-point definition is applicable. However, the problem arises where issues of national security and public policy are in question and here the rule of law might be manipulated. This influence can be clearly seen in cases like Belmarsh detainees case7 where even though the court ruled against detention of terrorist suspects, the parliament passed Prevention of Terrorism Act 2005 that suited their needs within 2 weeks. Professor Joseph Raz explains that this concept is a political ideal, which a legal system may lack or possess8.


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