Cases
Brief Note 1:
Public Law: relations between individuals and the state
What powers does state as an authority exercise over individual citizens?
- To tax
- Seize their property
- Imprison
- Pay pensions
- Provide medical care
What concerns does public law habour?
- Extent of their powers and the boundaries to them
- Composition and organisation of parts of the state, role, and authority of government
Three subfields of public law
- Constitutional law: laws, principles, practice
- Administrative law: disputes, justice
- Human Rights: freedoms, protection
State: a defined territory, a population, a system of public authority i.e. a system of
governance
Authority: legitimate power
How does public law exercise authority?
- Regulation
- Providing services
- Entrepreneur
- Umpire
‘Constitution’
- As ruler and principles which establish and regulate government
- Not apparent in the UK
- ‘UK has a Crown instead of State’
- Attempting to resolute some citizens might be at the expense of others
Sources of Public Law
- Acts of Parliament (ex. Human Rights Acts)
- Legislation
- The Royal Prerogative (judge-made law)
- Constitutional conventions (PM resigning when they’ve lost)
- Decisions of Courts (ex. Supreme Court)