- NO PUNISHMENT WITHOUT TRIAL
- The Anti-Terrorism Act (2001) went against this as it allowed for indefinite detention of terrorist suspects.
- A and others v Secretary of State for the Home Department(2004) held that the indefinite detention of foreign prisoners in Belmarsh without trial under the Anti-terrorism Act (2001) was incompatible with ECHR.
- NO ONE IS ABOVE THE LAW
- MPs/Monarch/Foreign Ambassadors are above it in many ways – MPs tried to use parliamentary privilege to end legal proceeding during the 2009 expenses scandal.
- In 2019, the Queen ordered a 5-week prorogation of Parliament upon the advice of the PM at the height of Brexit-the Supreme Court ruled unanimously that the prorogation was both justiciable and unlawful, and therefore null and of no effect.
- GENERAL CONSTITUTIONAL PRINCIPLES RESULT FROM SC’S DECISIONS
- Play a defining part but parliament remains sovereign – any legal precedent can be overturned – Al Rawi v Security Service (2010) – gov wanted to use ‘closed material procedure’, SC said it would undermine CL, parliament passed Justice and Security Act (2010) to allow it.