Public Law
Lecture Group 1
Constitution - A set of rules by which the country is governed.
UK - NO written constitution. UK Has a Unitary constitution where power is through
Westminster Parliament only; can devolve powers to other areas.
(Entick V Carrington) - Actions of the state must have legal authority
(A v Secretary of State for the Home Department (No 2) - Evidence obtained by
torture is inadmissible
FACTORTAME (NO 2) - Directly efective EU Law takes precedence over domestic
law.
Royal Prerogative - The residue of discretionary or arbitrary authority, which at any
given time is legally left in the hands of the Crown - A.V Dicey - An introduction to the
study of the Law of the Constitution (1885)
Constitutional convention - Governs relationship between Queen and Prime Minister.
E.G. Queen must give royal assent and appoint prime minister.
Lecture Group-2
The Rule of Law - The ultimate controlling factor on which our constitutional is based. -
R (On the application of Jackson) v Attorney - General.
Formal Meaning
The law should conform to standards designed to enable it efectively to guide action.
- Professor Razz - The Authority of Law (Oxford 1979).
Substantive Meaning
Lord Bingham's Defnition - All persons and authorities within the state, whether public
or private, should be bound and entitled to the beneft of laws publicly and
prospectively promulgated and publicly administered by the courts.
1. Law must be clear, accessible and predictable.
2. Legal issues generally to be decided on basis of law not discretion.
3. Law should apply equally to all.
4. Human rights must be protected by law.
5. Individuals must be able access means to resolve disputes.
Lecture Group 1
Constitution - A set of rules by which the country is governed.
UK - NO written constitution. UK Has a Unitary constitution where power is through
Westminster Parliament only; can devolve powers to other areas.
(Entick V Carrington) - Actions of the state must have legal authority
(A v Secretary of State for the Home Department (No 2) - Evidence obtained by
torture is inadmissible
FACTORTAME (NO 2) - Directly efective EU Law takes precedence over domestic
law.
Royal Prerogative - The residue of discretionary or arbitrary authority, which at any
given time is legally left in the hands of the Crown - A.V Dicey - An introduction to the
study of the Law of the Constitution (1885)
Constitutional convention - Governs relationship between Queen and Prime Minister.
E.G. Queen must give royal assent and appoint prime minister.
Lecture Group-2
The Rule of Law - The ultimate controlling factor on which our constitutional is based. -
R (On the application of Jackson) v Attorney - General.
Formal Meaning
The law should conform to standards designed to enable it efectively to guide action.
- Professor Razz - The Authority of Law (Oxford 1979).
Substantive Meaning
Lord Bingham's Defnition - All persons and authorities within the state, whether public
or private, should be bound and entitled to the beneft of laws publicly and
prospectively promulgated and publicly administered by the courts.
1. Law must be clear, accessible and predictable.
2. Legal issues generally to be decided on basis of law not discretion.
3. Law should apply equally to all.
4. Human rights must be protected by law.
5. Individuals must be able access means to resolve disputes.
