AGS
Public Law
Master Revision
Wednesday 8th May
Sub-headings in RED
Case Titles in GREEN
For this revision document:
It should use Arial as Rockwell is too large/doesn’t space nicely.
The revision document should cover the module from start to finish, taking account
of lectures (incl. information spoken by lecturers and noted down on lecture notes),
cases/statute, seminars + seminar notes, textbook chapter(s) and feedback.
To begin this document, I should work from the beginning of each module, as I work
through, all seminars need to be completed along with their required cases, all
lectures need to be seen/noted and textbook chapters need to be read/noted.
Should follow chronological lecture order, with cases explained as they are
encountered and extra cases (those not covered by lecture/textbook) after the
textbook notes but before seminar notes
In this vein, each module should follow a “chapter” layout, which deals with the whole
subject, drawing on cases, lecture notes, seminar notes, textbook + feedback.
Read textbook chapters as per seminar reading list.
The key is to be succinct and informative for my revision, lengthy quotes won’t be
needed but should know why each case is useful and where it applies, as well as
the most important quotes from the cases.
Should make use of splits in the page and other formatting to make the revision look
as visually appealing as possible. Could use a similar format as last year with
“pasting” important lecture slides. However, this could easily make the document too
large so be mindful.
In making the master document, I’ll start by including notes on each learning area
1. Foundational Knowledge (including cases)
2. Reading Knowledge
3. Seminar Notes
Base subject titles off seminar subjects (i.e. Sexual Offences may be 2-3 lectures but
one subject)
Contents:
1
,Section 1: Constitutions, Constitutionalism and the UK Constitution
Issues concerning the nature and purposes of constitutions generally and the
UK constitution in particular. Features, Efficacy, Governance. Pg. 3-22 (1-4
Concentrate)
Section 2: Parliamentary Sovereignty
Historical and Theoretical Origins. True Meaning and Implications. Pg. 23- 46
(7-8)
Section 3: The Human Rights Act 1998
Key features of the HRA and constitutional significance. Incorporation of
rights into UK law. Case Law of ECHR Taken into Account (S2). Statutory
Interpretation (S3). Declaration of Incompatibility (S4). New Ground for Judicial
Review (S6). Pg. 46-102 (14)
Section 4: Prerogative Powers
Scope, Control, and Reform. What are Prerogative Powers. How are they used.
Role of the Courts. Is the Law Changing. Legislative Reform. Miller. Pg. 102-
112 (5-6)
Section 5: Judicial Review I
Judicial review allows claimants to challenge executive and administrative
decisions, acts, and omissions and to obtain particular remedies insofar as
they have been affected by unlawful decisions and acts. Pg. 112-115 (10)
Section 6: Process of Judicial Review & Standing
Building upon the theories grounding and justifying judicial review. Bringing a
claim. Standing concerns who can bring proceedings to challenge an
administrative decision, act, or omission in judicial review. Pg. 115-120 (10)
Section 7: Grounds for Judicial Review
Legal mechanisms for securing accountability and control of the exercise of
public power. Particular focus on aspects of the law relating to claims for
judicial review. Pg. 120-143
*Mostly Handout*
Section 8: Acting Unlawfully Under the HRA
Has the public authority acted in a way which was incompatible with a
Convention right? Even if it has, can it nonetheless rely on the fact that it
could not have acted any differently because of the statutory provisions
conferring the duty/power to act? Pg. 143-160 (12)
2
, Section 1: Constitutions, Constitutionalism & the UK
Constitution
Key Facts
• Constitutional law in the wide sense is a body of legal and political rules which concern the
government of a country.
• A constitution in the narrow sense is a document or set of documents intentionally drafted to
form the fundamental law of a country.
• Constitutions may be classified as written or unwritten, flexible or rigid, monarchical or
republican, federal or unitary, supreme or subordinate to the legislature, or based on the
separation of powers.
• The British Constitution is unwritten, flexible, monarchical, unitary, subordinate to the
legislature, and based on a partial or a limited degree of separation of powers.
• The primary sources of constitutional law are the common law, statutes, European Union
(EU) law, decisions of the European Court of Human Rights, and the law and custom of
Parliament.
• These legal rules play an important role in the process of government.
• Vitally important parts of the process of government in the UK are regulated by binding
political rules and practices called ‘constitutional conventions’.
• There is an identifiable distinction between binding constitutional conventions and
nonbinding ‘practices’.
• Some writers suggest that they can be recognized and stated with precision by applying the
appropriate test.
• The courts have no jurisdiction to grant a remedy where the sole basis of the claim is that a
constitutional convention has been breached.
• The only way a constitutional convention can become law is by statute.
• AV Dicey’s conception of the rule of law is widely accepted.
• AV Dicey formulated the rule of law around the supremacy of law over arbitrary and wide
discretionary power, equal subjection to the law, and origins of constitutional law in private
law.
• Dicey’s views were based on the constitutional principles in Entick v Carrington (1765).
• Government according to law is an important principle connected with Dicey’s conception of
the rule of law.
• Jennings and others have put forward different views about what the rule of law means.
• Government according to law is a principle connected with the rule of law.
• There are examples of wide discretionary powers within the law of the UK which appear to
run contrary to Dicey.
3
, • There are other recognizable limitations and threats to the rule of law.
• There are three functions of government, namely, the legislative function, the executive
function, and the judicial function.
• There are three corresponding organs of government, namely, the legislature, the executive,
and the judiciary.
• In its present form, ‘separation of powers’ was first formulated by Montesquieu, and was
partly based on the writings of John Locke.
• The same persons should not form part of more than one of the three organs of government.
• Each organ of government should act as a check against the other and should be able to do
this independently without any undue threat of preventative control or interference.
• The separation of powers is mentioned in the opinions of judges in decided cases and is
supported by statutes like the Constitutional Reform Act 2005.
• A detailed analysis of the structure of and interrelationship between the functions and organs
of the UK Government reveals that the ‘British Constitution’ departs from the principle of
‘separation of powers’ in many vital respects especially at the higher levels.
Foundational Knowledge
Lecture 1: What is a Constitution?
4
Public Law
Master Revision
Wednesday 8th May
Sub-headings in RED
Case Titles in GREEN
For this revision document:
It should use Arial as Rockwell is too large/doesn’t space nicely.
The revision document should cover the module from start to finish, taking account
of lectures (incl. information spoken by lecturers and noted down on lecture notes),
cases/statute, seminars + seminar notes, textbook chapter(s) and feedback.
To begin this document, I should work from the beginning of each module, as I work
through, all seminars need to be completed along with their required cases, all
lectures need to be seen/noted and textbook chapters need to be read/noted.
Should follow chronological lecture order, with cases explained as they are
encountered and extra cases (those not covered by lecture/textbook) after the
textbook notes but before seminar notes
In this vein, each module should follow a “chapter” layout, which deals with the whole
subject, drawing on cases, lecture notes, seminar notes, textbook + feedback.
Read textbook chapters as per seminar reading list.
The key is to be succinct and informative for my revision, lengthy quotes won’t be
needed but should know why each case is useful and where it applies, as well as
the most important quotes from the cases.
Should make use of splits in the page and other formatting to make the revision look
as visually appealing as possible. Could use a similar format as last year with
“pasting” important lecture slides. However, this could easily make the document too
large so be mindful.
In making the master document, I’ll start by including notes on each learning area
1. Foundational Knowledge (including cases)
2. Reading Knowledge
3. Seminar Notes
Base subject titles off seminar subjects (i.e. Sexual Offences may be 2-3 lectures but
one subject)
Contents:
1
,Section 1: Constitutions, Constitutionalism and the UK Constitution
Issues concerning the nature and purposes of constitutions generally and the
UK constitution in particular. Features, Efficacy, Governance. Pg. 3-22 (1-4
Concentrate)
Section 2: Parliamentary Sovereignty
Historical and Theoretical Origins. True Meaning and Implications. Pg. 23- 46
(7-8)
Section 3: The Human Rights Act 1998
Key features of the HRA and constitutional significance. Incorporation of
rights into UK law. Case Law of ECHR Taken into Account (S2). Statutory
Interpretation (S3). Declaration of Incompatibility (S4). New Ground for Judicial
Review (S6). Pg. 46-102 (14)
Section 4: Prerogative Powers
Scope, Control, and Reform. What are Prerogative Powers. How are they used.
Role of the Courts. Is the Law Changing. Legislative Reform. Miller. Pg. 102-
112 (5-6)
Section 5: Judicial Review I
Judicial review allows claimants to challenge executive and administrative
decisions, acts, and omissions and to obtain particular remedies insofar as
they have been affected by unlawful decisions and acts. Pg. 112-115 (10)
Section 6: Process of Judicial Review & Standing
Building upon the theories grounding and justifying judicial review. Bringing a
claim. Standing concerns who can bring proceedings to challenge an
administrative decision, act, or omission in judicial review. Pg. 115-120 (10)
Section 7: Grounds for Judicial Review
Legal mechanisms for securing accountability and control of the exercise of
public power. Particular focus on aspects of the law relating to claims for
judicial review. Pg. 120-143
*Mostly Handout*
Section 8: Acting Unlawfully Under the HRA
Has the public authority acted in a way which was incompatible with a
Convention right? Even if it has, can it nonetheless rely on the fact that it
could not have acted any differently because of the statutory provisions
conferring the duty/power to act? Pg. 143-160 (12)
2
, Section 1: Constitutions, Constitutionalism & the UK
Constitution
Key Facts
• Constitutional law in the wide sense is a body of legal and political rules which concern the
government of a country.
• A constitution in the narrow sense is a document or set of documents intentionally drafted to
form the fundamental law of a country.
• Constitutions may be classified as written or unwritten, flexible or rigid, monarchical or
republican, federal or unitary, supreme or subordinate to the legislature, or based on the
separation of powers.
• The British Constitution is unwritten, flexible, monarchical, unitary, subordinate to the
legislature, and based on a partial or a limited degree of separation of powers.
• The primary sources of constitutional law are the common law, statutes, European Union
(EU) law, decisions of the European Court of Human Rights, and the law and custom of
Parliament.
• These legal rules play an important role in the process of government.
• Vitally important parts of the process of government in the UK are regulated by binding
political rules and practices called ‘constitutional conventions’.
• There is an identifiable distinction between binding constitutional conventions and
nonbinding ‘practices’.
• Some writers suggest that they can be recognized and stated with precision by applying the
appropriate test.
• The courts have no jurisdiction to grant a remedy where the sole basis of the claim is that a
constitutional convention has been breached.
• The only way a constitutional convention can become law is by statute.
• AV Dicey’s conception of the rule of law is widely accepted.
• AV Dicey formulated the rule of law around the supremacy of law over arbitrary and wide
discretionary power, equal subjection to the law, and origins of constitutional law in private
law.
• Dicey’s views were based on the constitutional principles in Entick v Carrington (1765).
• Government according to law is an important principle connected with Dicey’s conception of
the rule of law.
• Jennings and others have put forward different views about what the rule of law means.
• Government according to law is a principle connected with the rule of law.
• There are examples of wide discretionary powers within the law of the UK which appear to
run contrary to Dicey.
3
, • There are other recognizable limitations and threats to the rule of law.
• There are three functions of government, namely, the legislative function, the executive
function, and the judicial function.
• There are three corresponding organs of government, namely, the legislature, the executive,
and the judiciary.
• In its present form, ‘separation of powers’ was first formulated by Montesquieu, and was
partly based on the writings of John Locke.
• The same persons should not form part of more than one of the three organs of government.
• Each organ of government should act as a check against the other and should be able to do
this independently without any undue threat of preventative control or interference.
• The separation of powers is mentioned in the opinions of judges in decided cases and is
supported by statutes like the Constitutional Reform Act 2005.
• A detailed analysis of the structure of and interrelationship between the functions and organs
of the UK Government reveals that the ‘British Constitution’ departs from the principle of
‘separation of powers’ in many vital respects especially at the higher levels.
Foundational Knowledge
Lecture 1: What is a Constitution?
4
