Public Law
General constitutional principles
Separation of powers
Power in the UK is ● The executive (government)
divided into 3 ○ Consists of:
organisations ■ The monarch
■ The prime minister (PM)
■ The cabinet (secretaries of state)
■ Government departments
○ Derives its powers from statute or from common law
(or from the royal prerogative)
○ Delegation of government powers is possible but not
advised
■ A minister will still be responsible for the
consequences of delegation 3
○ If the government acts in excess of its powers, judicial
review can be used to check this
○ Also includes local governments
● The legislature (parliament)
○ Legislation begins with a proposal by the government
○ Parliament will debate and scrutinise legislation,
propose amendments etc
○ Consists of:
■ House of Commons: 650 elected members
● Make decisions on public finances
■ House of Lords: can scrutinise and make
amendments to general legislation
● Acts as a check on the exercise of
government powers
● Note that even life peers can carry out
the same functions
● The judiciary
○ See notes below
○ Judge cannot become MP or Prime Minister as this
would be an abuse of power
The UK’s constitution The UK has an uncodified constitution - not contained in a single
document
● Written sources
○ Acts of Parliament
○ Judicial precedent
● Unwritten sources
○ Constitutional conventions
Theory of separation of The judiciary, executive and legislature should be separate to
powers prevent the concentration of power
Note however there is a significant overlap between the 3 branches
● Example: the judiciary technically makes law through common
, law
○ However no new right in the law can come from common
law - this can only come from Parliament
○ Judges can merely make decisions in the absence of
any explicit statutory or common law authority
○ Parliament can always enact new legislation in response
to an unwelcome decision by the courts
Rule of law
Outline All persons and authorities within the state, whether public or
private, should be bound by and entitled to the benefit of laws
publicly made
● But note this is not a set definition - the concept of the rule of law
is very broad
Principles of the rule of ● The law should be accessible, clear and predictable
law ○ Legislation should apply to all future actions (and not
apply retrospectively)
■ Except where parliament passes an act to
overturn a decision of the courts
● Legal issues should be resolved through the courts, not
through the exercise of administrative discretion by
government officials
● The law should apply equally to all
○ Exceptions:
■ The monarch is basically above the law but
whilst these protections are afforded, if a royal
descendant breaks the law, the courts will
enforce the law
■ Judges in higher courts are immune from civil
litigation for acts done within their official
jurisdiction
■ Diplomatic immunity
■ Children are not subject to the same laws as
adults
● The law should afford adequate protection for human rights
● There should be access to justice in the courts without
inordinate delay or expense
● Public officials, including ministers, should exercise their
powers in good faith and within the limits of those powers
● Legal and adjudicative processes should be fair
● The state should comply with its obligations under
international law
The requirement of The government must respect and act within the confines of the law
legality
This has the following consequences:
● Any government interference with persons or property must be
sanctioned by legal authority
○ And this power must be exercised lawfully
● The presumption when interpreting statutes is that parliament
cannot be seen to have intended to restrict important rights and
freedoms, unless this is made very clear
● The independence of the judiciary is essential to determine
, whether government power is lawfully exercised
Acts of Parliament and Acts of parliament are not subject to JR, but the courts can assess
judicial review whether the government or any other public body has complied with
the provisions of an Act
The courts
The judiciary
Role of the judiciary Determine the outcome of legal disputes and decide criminal cases
Also decide whether the government have lawfully exercised its powers
(through judicial review)
Appointment/Dismissal Lord Chancellor – appointed by King on advice on Prime Minister
of judges (head of the Ministry of Justice – not a judge)
Lord Chief Justice – appointed by a special panel convened by JAC
and appointments usually made from ranks of current COA judges
(head of the Judiciary of England and Wales)
Appointing other judges – applicants will be interviewed by a
selection commission convened by the Lord Chancellor (not JAC
but they recommend candidates and these are unlikely to be
rejected)
Note that Supreme Court justices: to be eligible to become a
Justice, an individual must either have been a High Court judge
for two years or a practising lawyer for at least 15 years and are
formally appointed by the Monarch
Judges in the higher courts (Crown court, High Court and Court of
Appeal) hold office ‘during good behaviour’
● Can only be dismissed by the Monarch following an address
presented by both houses of parliament
Judges in the lower courts (County Court, Magistrates’ Court) enjoy
less security
● Their tenure is protected by convention rather than by law
Statutory retirement age 70
Judges’ immunity from Judges are immune from civil action if the act was done in a judicial
civil action capacity
Court hierarchy, the appeal system and jurisdiction
Civil courts ● County court
● High court
● Court of Appeal
● Supreme court
● Judicial Committee of the Privy Council (for certain types of
case – not binding but strongly persuasive)
Criminal courts ● Youth court
, ● Magistrates’ court
○ Will consist of a:
■ District judge, or
■ Deputy district judge (will be a barrister or
solicitor), or
■ 2/3 lay magistrates (members of the public who
are appointed to the magistracy)
○ Modes of address
■ Sir/madam
○ Hears summary only offences or either-way offences
where they accept jurisdiction
● Crown court
○ A trial court, but also hears appeals from the mags court
○ Has a jury
○ Hears indictable only offences and either-way offences
● Court of Appeal
● Supreme court
NOTE: the High Court can hear MURDER CASES where they
suspect there might be jury tampering
Court of appeal This is an appeal court only - consists of both a civil and a criminal
division
Supreme court Has a civil and criminal division - but cases will generally only be heard
here if the matter is of ‘general public importance’
Tribunals These deal with administrative and regulatory cases → they do not
have jurisdiction in criminal matters
First-tier tribunals Hear appeals from citizens against decisions made by government
departments or agencies
● With the exception of the property chamber and the employment
tribunals
The first-tier tribunals are:
War Pensions and Armed Forces Compensation Chamber
Social Entitlement Chamber
Health, Education and Social Care Chamber
General Regulatory Chamber
Tax Chamber
Immigration and Asylum Chamber
Property Chamber
Employment tribunal
Upper tribunals Upper tribunals are the equivalent of the HC → hears appeals from
the first tribunal
There are 4 chambers:
● Administrative appeals chamber
○ Hears appeals from
■ war pensions and armed forces compensation
chamber
■ social entitlement chamber
● Tax and chancery chamber
General constitutional principles
Separation of powers
Power in the UK is ● The executive (government)
divided into 3 ○ Consists of:
organisations ■ The monarch
■ The prime minister (PM)
■ The cabinet (secretaries of state)
■ Government departments
○ Derives its powers from statute or from common law
(or from the royal prerogative)
○ Delegation of government powers is possible but not
advised
■ A minister will still be responsible for the
consequences of delegation 3
○ If the government acts in excess of its powers, judicial
review can be used to check this
○ Also includes local governments
● The legislature (parliament)
○ Legislation begins with a proposal by the government
○ Parliament will debate and scrutinise legislation,
propose amendments etc
○ Consists of:
■ House of Commons: 650 elected members
● Make decisions on public finances
■ House of Lords: can scrutinise and make
amendments to general legislation
● Acts as a check on the exercise of
government powers
● Note that even life peers can carry out
the same functions
● The judiciary
○ See notes below
○ Judge cannot become MP or Prime Minister as this
would be an abuse of power
The UK’s constitution The UK has an uncodified constitution - not contained in a single
document
● Written sources
○ Acts of Parliament
○ Judicial precedent
● Unwritten sources
○ Constitutional conventions
Theory of separation of The judiciary, executive and legislature should be separate to
powers prevent the concentration of power
Note however there is a significant overlap between the 3 branches
● Example: the judiciary technically makes law through common
, law
○ However no new right in the law can come from common
law - this can only come from Parliament
○ Judges can merely make decisions in the absence of
any explicit statutory or common law authority
○ Parliament can always enact new legislation in response
to an unwelcome decision by the courts
Rule of law
Outline All persons and authorities within the state, whether public or
private, should be bound by and entitled to the benefit of laws
publicly made
● But note this is not a set definition - the concept of the rule of law
is very broad
Principles of the rule of ● The law should be accessible, clear and predictable
law ○ Legislation should apply to all future actions (and not
apply retrospectively)
■ Except where parliament passes an act to
overturn a decision of the courts
● Legal issues should be resolved through the courts, not
through the exercise of administrative discretion by
government officials
● The law should apply equally to all
○ Exceptions:
■ The monarch is basically above the law but
whilst these protections are afforded, if a royal
descendant breaks the law, the courts will
enforce the law
■ Judges in higher courts are immune from civil
litigation for acts done within their official
jurisdiction
■ Diplomatic immunity
■ Children are not subject to the same laws as
adults
● The law should afford adequate protection for human rights
● There should be access to justice in the courts without
inordinate delay or expense
● Public officials, including ministers, should exercise their
powers in good faith and within the limits of those powers
● Legal and adjudicative processes should be fair
● The state should comply with its obligations under
international law
The requirement of The government must respect and act within the confines of the law
legality
This has the following consequences:
● Any government interference with persons or property must be
sanctioned by legal authority
○ And this power must be exercised lawfully
● The presumption when interpreting statutes is that parliament
cannot be seen to have intended to restrict important rights and
freedoms, unless this is made very clear
● The independence of the judiciary is essential to determine
, whether government power is lawfully exercised
Acts of Parliament and Acts of parliament are not subject to JR, but the courts can assess
judicial review whether the government or any other public body has complied with
the provisions of an Act
The courts
The judiciary
Role of the judiciary Determine the outcome of legal disputes and decide criminal cases
Also decide whether the government have lawfully exercised its powers
(through judicial review)
Appointment/Dismissal Lord Chancellor – appointed by King on advice on Prime Minister
of judges (head of the Ministry of Justice – not a judge)
Lord Chief Justice – appointed by a special panel convened by JAC
and appointments usually made from ranks of current COA judges
(head of the Judiciary of England and Wales)
Appointing other judges – applicants will be interviewed by a
selection commission convened by the Lord Chancellor (not JAC
but they recommend candidates and these are unlikely to be
rejected)
Note that Supreme Court justices: to be eligible to become a
Justice, an individual must either have been a High Court judge
for two years or a practising lawyer for at least 15 years and are
formally appointed by the Monarch
Judges in the higher courts (Crown court, High Court and Court of
Appeal) hold office ‘during good behaviour’
● Can only be dismissed by the Monarch following an address
presented by both houses of parliament
Judges in the lower courts (County Court, Magistrates’ Court) enjoy
less security
● Their tenure is protected by convention rather than by law
Statutory retirement age 70
Judges’ immunity from Judges are immune from civil action if the act was done in a judicial
civil action capacity
Court hierarchy, the appeal system and jurisdiction
Civil courts ● County court
● High court
● Court of Appeal
● Supreme court
● Judicial Committee of the Privy Council (for certain types of
case – not binding but strongly persuasive)
Criminal courts ● Youth court
, ● Magistrates’ court
○ Will consist of a:
■ District judge, or
■ Deputy district judge (will be a barrister or
solicitor), or
■ 2/3 lay magistrates (members of the public who
are appointed to the magistracy)
○ Modes of address
■ Sir/madam
○ Hears summary only offences or either-way offences
where they accept jurisdiction
● Crown court
○ A trial court, but also hears appeals from the mags court
○ Has a jury
○ Hears indictable only offences and either-way offences
● Court of Appeal
● Supreme court
NOTE: the High Court can hear MURDER CASES where they
suspect there might be jury tampering
Court of appeal This is an appeal court only - consists of both a civil and a criminal
division
Supreme court Has a civil and criminal division - but cases will generally only be heard
here if the matter is of ‘general public importance’
Tribunals These deal with administrative and regulatory cases → they do not
have jurisdiction in criminal matters
First-tier tribunals Hear appeals from citizens against decisions made by government
departments or agencies
● With the exception of the property chamber and the employment
tribunals
The first-tier tribunals are:
War Pensions and Armed Forces Compensation Chamber
Social Entitlement Chamber
Health, Education and Social Care Chamber
General Regulatory Chamber
Tax Chamber
Immigration and Asylum Chamber
Property Chamber
Employment tribunal
Upper tribunals Upper tribunals are the equivalent of the HC → hears appeals from
the first tribunal
There are 4 chambers:
● Administrative appeals chamber
○ Hears appeals from
■ war pensions and armed forces compensation
chamber
■ social entitlement chamber
● Tax and chancery chamber
