Summary Public Law Notes & Essay Outlines (First Class)

Public Law Notes
Constitutional Principles
 Democratic accountability
o Key political decisions must be made by elected representatives
o Legitimizes Parliamentary sovereignty

 Separation of powers
o Doctrine of SoP states that power should not be concentrated in the hands of any
single person or body [Leyland] to prevent tyranny [Madison]
o Division of labour: Each branch is allocated a function that they are best suited for 
specialize in that area  increase efficiency

o Three branches: Executive, Legislative, Judicial
o Parliament, Government & Courts perform distinct functions that are independent of
each other  able to perform a checking function on each other  prevents
excessive accumulation of power by one branch

 Parliamentary sovereignty
o Parliament can make or unmake any Act as it pleases, on any subject it pleases 
has absolute and unfettered legislative power
o An Act of Parliament is the highest form of law  UK courts are bound to apply
o No court or person outside Parliament can challenge or question the validity of an
Act of Parliament
o Parliament cannot bind its successors
o Where two Acts of Parliament are inconsistent, the later Act impliedly repeals the
earlier Act, to the extent of that inconsistency

 Rule of Law
o Lord Bingham: All persons and authorities within the state should be bound by the
law, and entitled to the benefit of laws public made

 Respect for human rights
o Human rights recognized in the ECHR
o Human rights given effect through the HRA 1998