Public Unit - 1 Topic: Constitution
Definitions Statute
The Royal Prerogative – “Discretionary or arbitrary Magna Carta 1215 – limited
authority… legally left in the hands of the crown” – Dicey monarchy’s power
Constitutional Conventions – “rules of constitutional Bill of Rights 1689 – Monarch
behaviour which are considered to be binding upon those cannot suspend parliament or
who operate the constitution but which are not enforced by impose taxes; monarch
law courts” – Marshal and Moodie cannot interfere in elections;
“the flesh which clothes the dry bones of the law” - Jennings art9 – freedom of speech
Act of Unions 1706 – Scotland
became part of Great Britain;
Scotland keep their church
and legal system
Key Info: Parliament Acts 1911/49 –
House of Commons can
Public law is split into 3 areas: Constitutional,
bypass House of Lords
administrative, rights and freedoms. PACE 1984 – details arrest,
The UKs constitution is unwritten and flexible with search and detention powers
the head of state being the queen. The only other of police as well as limits
countries with unwritten constitutions are Israel and Human Rights Act 1998 –
New Zealand. Incorporated ECHR to UK law
Royal Prerogative powers include – royal assent; Constitutional Reform Act
appointment of QCs; appointment of Prime 2005 – Changed the role of
Ministers; declaration of war; deployment of armed Lord Chancellor; created
forces; entering treaties; mercy and pardons. Supreme Court; Judges
Conventions can change – Tony Blair was the first to appointed by newly created
Judicial Appointments
attend a select committee – PMs now also tend to
Commission.
seek permission to go to war or use military
interventions
Parliament is supreme
There are many sources of Public Law: statute, case
law, conventions, expert writing
Cases
Entick v Carrington (1765) – all
state actions must have legal
authority
Attorney General v De
Conventions Keyser’s Royal Hotel (1920) –
Sewel convention – Parliament cannot legislate on statute takes precedent over
devolved matters prerogative
Salisbury convention – The House of Lords won’t block Attorney General v Johnathan
legislation in a governing party’s manifesto Cape (1976) – recognised
Collective Ministerial Responsibility – Parliament is convention in legal verdict
collectively responsible for actions in its proceedings (collective Ministerial
Responsibility)
, Public Unit - 2 Topic: Rule of Law
Definitions Statute
Formal Rule of Law – “law should conform to HoC (Disqualifications) Act 1975 – only
standards designed to enable it effectively to guide 95 ministers – no members of civil
action” – Professor Raz (The Authority of Law, Oxford, 1979) service, police, judges, armed forces
Substantive Rule of Law – Lord Bingham – 1) Clear, etc.
accessible and predictable 2) Based on law not Fixed Terms Parliament Act 2011 – 1st
discretion 3) applies equally to all 4)Human Rights Thursday in May (2/5/2024), only early
protected 5) access to solve disputes 6) public if 2/3rd house agree or no confidence
officials to do jobs reasonably, in good faith and for a and no new gov in 14 days
proper purpose 7) fair courts system 8) complies with Constitutional Reform Act 2005 – Lord
international law Chancellor not head of Judiciary/ not
HoL speaker/ oath – defend
Key Info: independence of judiciary/ only
US President can veto legislation – can be appoints judges above High Court/
overruled by 2/3rd majority in congress recommended judges by commission –
US President appoints Supreme Court judges only reject/reconsider once
US Supreme Court can overrule legislation Lord Enabling Acts – ministers can make SI
Chancellor – no longer convention to be a lawyer European Union (withdrawal) Act 2018
after Chris Grayling – ministers can alter legislation
Separation of Powers - Montesquieu & Aristotle Human Rights Act 1998 – s.4 –
o M – “there is no liberty if the judicial power be incompatibility with ECHR/ s.10(2)
not separate from the legislative and executive” ministers can alter legislation
J+L – judge becomes legislator J+E – leads to incompatible with ECHR
“violence and oppression” Montesquieu, The Spirit
of Laws (T. Evans, 1748) Book 11, Chapter 6 Cases
o No SoP can lead to Elective Dictatorship R (on the application of Jackson) v
o Lord Nueberger – “we cannot go against Attorney General (2005) – Lord Hope –
Parliament’s will when it is expressed through Rule of Law is the “ultimate controlling
statute” factor on which our constitution is
o House of Commons (Disqualification) Act 1975 based”
o Judicial appointments Commission now Evans v Attorney General (2015) –
separate body (CRA 2005) “decisions and actions of the executive
Against SoP are, reviewable by the court at the suit
o Cabinet come from HoC – E from L of an interested citizen.” (to allow Att.
o Gov appoint judges to Inquiries – found in Gens decision would suggest) “a final
favour of Gove in Leveson Inquiry – Bias? decision of a court can be set aside by a
o Henry VIII clauses – ministers can amend member of the executive because he
primary legislation does not agree with it”
Checks and Balances – Jennings Burma Oil Co v Lord Advocate (1965)
o Judicial review, incompatibility of ECHR, PMQs, – War Damages Act enacted
Select Committees retrospectively
McGonnell v UK (2000) – highlighted
LC’s Position pre CRA
Entick v Carrington (1765) – actions of
Conventions the state must have authority
Sub-judice rule – MPs cannot comment on Re M (1994) – SoS Home Office in
ongoing cases – judges cannot interfere in party contempt of court for failure to comply
politics with court injunction
Definitions Statute
The Royal Prerogative – “Discretionary or arbitrary Magna Carta 1215 – limited
authority… legally left in the hands of the crown” – Dicey monarchy’s power
Constitutional Conventions – “rules of constitutional Bill of Rights 1689 – Monarch
behaviour which are considered to be binding upon those cannot suspend parliament or
who operate the constitution but which are not enforced by impose taxes; monarch
law courts” – Marshal and Moodie cannot interfere in elections;
“the flesh which clothes the dry bones of the law” - Jennings art9 – freedom of speech
Act of Unions 1706 – Scotland
became part of Great Britain;
Scotland keep their church
and legal system
Key Info: Parliament Acts 1911/49 –
House of Commons can
Public law is split into 3 areas: Constitutional,
bypass House of Lords
administrative, rights and freedoms. PACE 1984 – details arrest,
The UKs constitution is unwritten and flexible with search and detention powers
the head of state being the queen. The only other of police as well as limits
countries with unwritten constitutions are Israel and Human Rights Act 1998 –
New Zealand. Incorporated ECHR to UK law
Royal Prerogative powers include – royal assent; Constitutional Reform Act
appointment of QCs; appointment of Prime 2005 – Changed the role of
Ministers; declaration of war; deployment of armed Lord Chancellor; created
forces; entering treaties; mercy and pardons. Supreme Court; Judges
Conventions can change – Tony Blair was the first to appointed by newly created
Judicial Appointments
attend a select committee – PMs now also tend to
Commission.
seek permission to go to war or use military
interventions
Parliament is supreme
There are many sources of Public Law: statute, case
law, conventions, expert writing
Cases
Entick v Carrington (1765) – all
state actions must have legal
authority
Attorney General v De
Conventions Keyser’s Royal Hotel (1920) –
Sewel convention – Parliament cannot legislate on statute takes precedent over
devolved matters prerogative
Salisbury convention – The House of Lords won’t block Attorney General v Johnathan
legislation in a governing party’s manifesto Cape (1976) – recognised
Collective Ministerial Responsibility – Parliament is convention in legal verdict
collectively responsible for actions in its proceedings (collective Ministerial
Responsibility)
, Public Unit - 2 Topic: Rule of Law
Definitions Statute
Formal Rule of Law – “law should conform to HoC (Disqualifications) Act 1975 – only
standards designed to enable it effectively to guide 95 ministers – no members of civil
action” – Professor Raz (The Authority of Law, Oxford, 1979) service, police, judges, armed forces
Substantive Rule of Law – Lord Bingham – 1) Clear, etc.
accessible and predictable 2) Based on law not Fixed Terms Parliament Act 2011 – 1st
discretion 3) applies equally to all 4)Human Rights Thursday in May (2/5/2024), only early
protected 5) access to solve disputes 6) public if 2/3rd house agree or no confidence
officials to do jobs reasonably, in good faith and for a and no new gov in 14 days
proper purpose 7) fair courts system 8) complies with Constitutional Reform Act 2005 – Lord
international law Chancellor not head of Judiciary/ not
HoL speaker/ oath – defend
Key Info: independence of judiciary/ only
US President can veto legislation – can be appoints judges above High Court/
overruled by 2/3rd majority in congress recommended judges by commission –
US President appoints Supreme Court judges only reject/reconsider once
US Supreme Court can overrule legislation Lord Enabling Acts – ministers can make SI
Chancellor – no longer convention to be a lawyer European Union (withdrawal) Act 2018
after Chris Grayling – ministers can alter legislation
Separation of Powers - Montesquieu & Aristotle Human Rights Act 1998 – s.4 –
o M – “there is no liberty if the judicial power be incompatibility with ECHR/ s.10(2)
not separate from the legislative and executive” ministers can alter legislation
J+L – judge becomes legislator J+E – leads to incompatible with ECHR
“violence and oppression” Montesquieu, The Spirit
of Laws (T. Evans, 1748) Book 11, Chapter 6 Cases
o No SoP can lead to Elective Dictatorship R (on the application of Jackson) v
o Lord Nueberger – “we cannot go against Attorney General (2005) – Lord Hope –
Parliament’s will when it is expressed through Rule of Law is the “ultimate controlling
statute” factor on which our constitution is
o House of Commons (Disqualification) Act 1975 based”
o Judicial appointments Commission now Evans v Attorney General (2015) –
separate body (CRA 2005) “decisions and actions of the executive
Against SoP are, reviewable by the court at the suit
o Cabinet come from HoC – E from L of an interested citizen.” (to allow Att.
o Gov appoint judges to Inquiries – found in Gens decision would suggest) “a final
favour of Gove in Leveson Inquiry – Bias? decision of a court can be set aside by a
o Henry VIII clauses – ministers can amend member of the executive because he
primary legislation does not agree with it”
Checks and Balances – Jennings Burma Oil Co v Lord Advocate (1965)
o Judicial review, incompatibility of ECHR, PMQs, – War Damages Act enacted
Select Committees retrospectively
McGonnell v UK (2000) – highlighted
LC’s Position pre CRA
Entick v Carrington (1765) – actions of
Conventions the state must have authority
Sub-judice rule – MPs cannot comment on Re M (1994) – SoS Home Office in
ongoing cases – judges cannot interfere in party contempt of court for failure to comply
politics with court injunction
