FPL Questions

Question 1

What is public law?

Answer 1

Public law is the study of the law that regulates the relationship between the individual and the state, and organisations and the state. There are many theories as to how public law is best described.

Question 2

What is private law?

Answer 2

Private law is the law that regulates relationships between people, organisations, and companies.

Question 3

What is constitutional law?

Answer 3

Constitutional law is the study of law that founds the state and sets up its institution and structure.

Question 4

What is administrative law?

Answer 4

Administrative law is the law that provides power and imposes duties to the government and other public bodies.

Question 5

Why is public law relevant today?

Answer 5

It affects many areas of our everyday lives such as matters regarding benefits, immigration, education etc., and covers the creation and enforcement of law.

Question 6

What are the key principles of public law? (5)

Answer 6

• Rule of Law
• Separation of powers
• Representative democracy
• Parlimentary supremacy
• Accountable government, judicial review

Question 7

What are the main constitutional bodies/offices in the UK?

Answer 7

• The legislative
• The executive
• The judicial

Question 8

What is the Crown, and is this the same as the Queen?

Answer 8

The Crown can refer to both the object for coronation, the Monarch, or to the state. The Queen is the Head of State.

Question 9

Why doesn’t the Queen rule the state?

Answer 9

She is a constitutional monarch, and not an absolute monarch. Therefore, her power is subject to constitutional limits.

Question 10

What is Parliament, and what is it’s role?

Answer 10

Parliament is a body which comprises of roles regarding law-making, the scrutiny of bills, and holding the executive accountable.

Question 11

What is the executive, and how does it differ from the government?

Answer 11

The executive is divided into two parts: the political executive (the government) and the wider machinery of the government (civil servants etc.). The executive is these divisions as a whole, whilst the government comprises of the PM, MPs and peers, as well as secretaries and other selected ministers (junior, cabinet).

Question 12

What are the role of the courts?

Answer 12

To oversee the RoL by reviewing actions, omissions, and decisions taken by the executive, to make sure they act within the law, and that they also do not breach the HRA 1998. They can make orders against the executive if they find they have acted improperly, illegally, or irrationally, or even in violation of human rights. However, they do not have the power to overturn the Parliament and their decisions.

Question 13

Who cannot vote in the UK?

Answer 13

People who are not British or Eire citizens, who don’t meet residence requirements, convicts, members of HoL.

Question 14

What is the mechanism called that parliamentary elections are conducted through?

Answer 14

First past the post (FPTP)

Question 15

What is a constitution?

Answer 15

A constitution is a framework that defines the structure of the state and its powers. They usually define the limits of the state power, gives legitimation for the use of such power, maybe even principles upon which the state was founded, and may even, like in the US, provide a bill of rights for the citizens.

Question 16

How do codified and uncodified constitutions compare?

Answer 16

A codified constitution is usually a document that contacts a bill of rights, whilst uncodified constitutions are made up of multiple documents and sources.

Question 17

How can the British constitution be classified?

Answer 17

As uncodified, unitary, parliamentary executive, constitutional monarchy, religious, flexible, and as a liberal democracy.

Question 18

What are the sources of the British constitution?

Answer 18

Some legal (statute, secondary legislation, common law), some international (e.g. EU law), non-legal (constitutional conventions), some written, and some unwritten.

Question 19

What are constitutional conventions?

Answer 19

Non-legal rules that set out stable practices that should be followed by those in power, so that power is used proportionately or sparingly.

Question 20

Is the UK constitution hierarchically superior?

Answer 20

Not to primary legislation, no. However, it can be legally enforced through judicial review against the executive.

Question 21

Give a few examples of royal prerogative powers:

Answer 21

• legislation incl. summoning/dissolving Parliament
• justice system incl. pardoning criminals, representing the Attorney General
• foreign affairs incl. passports, treaties, acquiring new territories, granting independence to British colonies
• appointments and honours
• immunities and privileges, incl. certain statutes not applicable unless stated so
• emergency powers

Question 22

Which is superior: Parliament or Crown?

Answer 22

Parliament. They have parliamentary sovereignty, and an act can overwrite a prerogative power.

Question 23

Which royal prerogative powers does the Queen exercise?

Answer 23

• the dissolution of Parliament
• the dismissal of the government
• the appointment of the Prime Minister
• the granting of royal assent to Bills

Question 24

Can the exercise of royal prerogative be reviewed?

Answer 24

Yes, however the judiciary has traditionally been reluctant to do so, and if they do, they are reviewed in a relatively different way than the executive. This is because a lot of the prerogative powers carry political responsibility and justification.

Question 25

What are constitutional conventions?

Answer 25

Constitutional conventions are political rules that are binding upon those to whom they apply.

Question 26

Jenning’s test has 3 criteria to figure out whether or not a constitutional convention exists:

Answer 26

1. Are there any precedents, and if so, how many?
2. Did those who acted in such a way believe they were bound to act that way?
3. Is there a “good” reason for the forming of the convention?

Question 27

What are the main purposes of a constitutional convention?

Answer 27

To limit powers granted to institutions of government by unwritten rules or sources, as well as regulate the relationship between those institutions.

Question 28

Can the judiciary enforce constitutional conventions?

Answer 28

No, because they are non-legal rules.

Question 29

When would a minister be expected to resign?

Answer 29

When they have knowingly misled the Parliament, or made a serious personal error

Question 30

What are the 2 schools of thoughts regarding the RoL and what do they feature?

Answer 30

• The formal school: the way law is enacted, its stability and clarity, it’s equal application
• The substantive school: the formal school + moral/human rights/humane points

Question 31

Where did the RoL appear in England?

Answer 31

Magna Carta 1215

Question 32

What is parliamentary privilege?

Answer 32

Parliament’s power to self-regulate and to speak freely without being criticised by courts or any other body of law

Question 33

Can the courts control the Parliament in the name of RoL?

Answer 33

They cannot control Acts of Parliament. However, they can declare legislation as incompatible with the HRA 1998, and review 2ndary legislation to see whether or not they conform with primary legislation. The judiciary can also review the actions of the executive to ensure they are legal.

Question 34

What are Dicey’s 3 concepts that apply to the RoL in his opinion?

Answer 34

• No one may be punished for a significant breach in law that the courts have not declared them responsible for.
• Equality of law
• Basic constitutional principles, such as human rights, are with us as a result of judicial decisions determining the rights of private persons