Constitutional & Administrative Law and EU Law

Question 1

Constitutional Law

Answer 1

Establishes key institutions of the state, and outlines the most important rules that regulate the government.

Question 2

Administrative Law

Answer 2

Ensures that decisions made by the government are made according to the law, and that those affected by a decision made by the government can challenge its lawfulness before the courts.

Question 3

Human Rights Law

Answer 3

Makes clear that individuals have particular human rights that either cannot be breached by the state at all (or very rarely), or need to be actively considered by the state before taking action or making a decision.

Question 4

Public Order Law

Answer 4

Public Order Act 1986

Establishes that the public authorities have the power to limit the right of people to protest and to arrest persons who violate public order.

However, public order law ensures that these powers are exercised in compliance with human rights, including the freedoms of expression, assembly, and association.

Question 5

EU Law

Answer 5

Legacy of EU law post-Brexit in the UK.

Question 6

Constitutions

Answer 6

Establish and identify the key institutions of the state, such asthe legislature, the government - or executive - and judiciary;

Outline the respective powers of the legislature, executive,a nd judiciary and their relationship with each other; and

Regulate the relationship between the state, its institutions, and individual citizens.

Question 7

Uncodified vs Codified (Constitution)

Answer 7

UK constitution is uncodified:

Lacks a single definitive source containing its most important rules.

Is “Not entrenched” - Highest form of law are Acts of Parliament. Supremacy rests with Parliament (“Parliamentary Sovereignty/Supremacy”).

Other countries are codified, i.e. United States.

Are “entrenched” - The constitution is considered a form of law with a higher status than ordinary law - the supreme law of the state.

Question 8

Sources of UK Constitution

Answer 8

Constitutional rules are contained in a variety of different sources, both legal and non-legal. They have developed at various points in history.

Sources include: Acts of Parliament, the common law, political rules in the form of constitutional conventions, the HRA 1998.

Retained EU law is also now part of UK law.

Question 9

Rule of Law

Answer 9

Principle that requires that the law should be applied fairly, that the government should act according to the law, and that laws should generally not have retrospective effect.