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Rule of Law - Constitution of UK - Separation of Powers The Rule of Law The 'rule of law' is an ambiguous expression, and may mean different things for different writers The rule of law is a concept which underpins the constitution of UK and is itself supported by the separation of powers. Although the concept dates from Aristotle-'the rule of law is preferable to that of any individual'- for the purpose of analysis Dicey's three-part description of the requirements of the rule of law is useful. Dicey's Expression 'The Rule of Law' For Dicey the expression 'rule of law' includes three distinct conceptions:The absence of arbitrary power. No man is above the law. No man is punishable except for a distinct breach of law, established in the ordinary legal manner before the ordinary courts. It requires that that there be no arbitrariness in the justice system, in particular that laws should be certain and accessible. Equality Before The Law: Ever...

What is Pleadings Question: What do you understand by pleadings? When and why a pleadings can be amended? Answer: Pleadings: Pleadings is an important rule of the Code of Civil Procedure. Order 6 of the Code of Civil Procedure deals the provisions of pleadings. Plaint and written statements are called the pleadings. In every suit of civil nature, the plaintiff must present his plaint mentioning the cause of action with necessary explanation. On the other hand, the defendant must provide written statement in reply of the plaint. Therefore, pleadings is formed with the plaint and the written statement. Amendment of pleadings; After filing the plaint or written statement, if it is required to amend or change those, an application for amendment is to be made. It is called the amendment of pleadings. Amendment of pleadings means, to add, strike out, deduction or changer of any necessary information of a pleadings. Amendment in a plaint or written statement may be required for various re...

Parliamentary Supremacy or Sovereignty of Parliament in the United Kingdom  Parliamentary Supremacy Parliamentary sovereignty or the Sovereignty of Parliament, also Parliamentary supremacy, is the concept in the constitutional law of Westminster system that the Parliament has absolute sovereignty. This means it is supreme to all other governmental institutions including the monarch acting alone. This contrasts for example, with the situation in the United States, where the supreme court can rule legislation unconstitutional. The principle of parliamentary sovereignty originated in the United Kingdom in the 17th and 18th centuries during which time parliament asserted the right to name and depose a monarch. In 1648, Henry Herbert who was the 2nd Earl of Pembroke, famously commented while a member of the House of Lords said that "Parliament can do anything but makes man a woman and a woman a man." Parliamentary supremacy essentially takes its origin with the Bill of Rights 168...

Res-subjudice & Res judicata Question a) What do you understand by res-subjudice and res judicata? When a suit pending before a court can be stayed? Answer: Res-subjudice: Res-subjudice means to stay a new suit the subject-matter of which is already pending in Court The Latin word res means matter and sub-judice means under trial. Therefore, the word res-subjudice means matter under trial. S 10 of the Code of Civil Procedure discusses with the doctrine of res-subjudice. The question of stay of trial of a suit may be raised in any special case, after the filing of the suit. Section 10 of the Code of Civil Procedure describes under what circumstances the trial of suit may be stayed. According to s 10 of the Code of Civil Procedure, where the parties and the sbject-matter of a previously instituted suit and the parties and the subject-matter of a sbsequently instituted suit are the same, the court my stay the subsequently instituted suit. However, if the previously instituted suit is...

Separation of Powers - Constitution of the United Kingdom  Separation of Powers The concept of separation of powers is of great antiquity and can be attributed to Aristotle (384-322 BC); however, the clearest exposition of the doctrine can be found in Montesquieu 's De L' Espirit des Lois 1748.The essence of the doctrine of separation of powers is that there should be, a clear demarcation in function between the legislature, executive and judiciary in order that none should have excessive power and there should be in place a system of checks and balances between the institutions. The doctrine does not emphasis that there should be three institutions of the government each operating in isolation from each other. Indeed such an arrangement would be unworkable. If constitutional arrangements within a state are considered, a range of possibilities exists:  i. absolute power residing in one person or body exercising executive, legislative and judicial powers: no separation of powe...

Jurisdiction of Courts What do you understand by the jurisdiction of court? Every suit shall be instituted in the court of lowest grade competent to try it- discuss mentioning the relevant laws. Jurisdiction of a court: Jurisdiction of a court means such power of a court, based upon which the court may take cognizance, dispose, order and enforce the judgment by executing a decree. Every suit shall be instituted in the court of lowest grade competent to try it- According to s.15 of the Code of Civil Procedure, every suit shall be instituted in the court of lowest grade competent to try it. S.15 describes the general principle of filing the suit in a court. However, to determine the court of lowest grade competent to try it, the pecuniary jurisdiction of the court is to be taken into account. Because, the court of lowest grade is to be determined by the pecuniary jurisdiction of the court. Example- The court of lowest grade competent to try a suit valuing up to 15 lac taka is the Assist...

Sources of the Constitution of the United Kingdom Sources of the Constitution Under the Constitution of UK, there has traditionally been no comprehensive single document which sets out the general principles of political governance. To give meaning to the constitution as a whole, it is necessary to study the many fundamental documents, statutes and cases along with the non-legal conventional rules. It is, however, convenient to classify the sources, broadly under two heads, namely, legal and non-legal sources. Legal sources imply those sources provisions coming from which are enforceable by an order of the court; non-legal sources imply those sources provisions. coming from which are not enforceable by an order of the court. Legal Sources Statutes: This is law created by Parliament. Acts of Parliament are approved by the Lords, Commons and the Monarchs, they gain the force of law, and are then implemented by the executive and enforced by the courts. Any law that involves constituti...