GDL Law Notes GDL Constitutional and Administrative Law Notes
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of applications from mostly first class students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
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Basic theories of democratic society
Rousseau:
“Man is born free, but he is everywhere in chains”
Physical freedom relinquished for civil freedom – the ‘sovereign’ as the collective with single, general will that aims for common good
The sovereign is legislative, the executive needed to administer – these two are in constant friction
Political legitimacy comes from social contracts
The sovereign should practice direct democracy through general assemblies
Locke:
Democracy as a contract.
No divine right of Kings.
The State of Nature was complete liberty – though pre-political it was not pre-moral (natural law – everyone is equal)
Men sought civil government for the protection of property. In making the social contract, they have consented to be ruled by the will of the majority. They gain laws, judges & the executive to enforce laws, and can no longer take justice into their own hands.
Tyranny is a ruler reverting to the State of Nature & collapses the compact (separated powers) meaning self-defence is permissible again
Hobbes: submission to an absolute authority to escape the horror of the State of Nature
Strengthening democratic rule:
Mueinik: “bridge away from a culture of authority...to a culture of justification”
Jennings: Parliamentary sovereignty is fettered by the political reality that they must serve the public if they wish for re-election
Bill of Rights 1686: reorganised the constitutional balance in favour of democratic Parliament and took it away from the “pretended power” of the executive Crown (NB: now largely repealed)
Parliament Acts 1911 & 1949: stripped Lords’ right to veto
House of Lords Act 1999: removed majority of hereditary Peers
Parliamentary sovereignty
Edinburgh & Dalkeith Railway v Wauchope
Private Act for benefit of railway passed without notice as required by Standing Orders
Held: the court was not able to comment as the enrolled bill rule stipulates that a court must defer to Parliament once an Act has been passed
Lord Campbell: “look to the Parliamentary...
Buy the full version of these notes or essay plans and more in our GDL Constitutional and Administrative Law Notes.
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of applications from mostly first class students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
...
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