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#constitution #law #public
Barnett Constitutional & Administrative Law (5 th Ed, Cavendish (pp 5-6)) explains the operation of the doctrine of constitutionalism in the following terms:
(a) that the exercise of power be within the legal limits conferred by Parliament on those with power – the concept of intra vires – and that those who exercise power should be accountable to law;
(b) the exercise of power – irrespective of legal authority – must conform to the notion of respect for the individual and the individual citizen's rights;
(c) that the powers conferred on institutions within a state – whether legislative, executive or judicial – be sufficiently dispersed between the various institutions so as to avoid abuse of power; and
(d) that the government, in formulating policy, and the legislature, in legitimating that policy, are accountable to the electorate on whose trust power is held.
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