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      Chapter

      The Rule of Law and the Separation of Powers
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      Chapter

      The Rule of Law and the Separation of Powers

      DOI link for The Rule of Law and the Separation of Powers

      The Rule of Law and the Separation of Powers book

      The Rule of Law and the Separation of Powers

      DOI link for The Rule of Law and the Separation of Powers

      The Rule of Law and the Separation of Powers book

      ByHelen Fenwick, Gavin Phillipson, Alexander Williams
      BookText, Cases and Materials on Public Law and Human Rights

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      Edition 4th Edition
      First Published 2017
      Imprint Routledge
      Pages 76
      eBook ISBN 9780203593950
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      ABSTRACT

      Professor Joseph Raz notes that, in 1959, the International Congress of Jurists came up with a definition of the Rule of Law which effectively made it shorthand for ‘a complete social philosophy’, prescribing a full panoply of civil, political, economic and social rights. The most influential, though also one of the most controversial, expositions of the importance of the Rule of Law in the British constitutional scheme has been that put forward by Dicey. The Constitutional Reform Act 2005 for the first time gave explicit statutory recognition to the Rule of Law as a constitutional principle. Historically, constitutional lawyers in this country have prided themselves on the UK's adherence to the Rule of Law, as upheld by the judges in a number of famous cases. The constitutional principle of the separation of powers requires the courts to resist encroachment on the territory for which they are responsible.

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