Intro Flashcards
What is the function of the executive?
Management of day-to-day government within legal rules.
What is the function of the judiciary?
Determining disputes over legal rules. A criminal trial is a dispute because the accused is disputing their alleged breach of one of the legal rules.
What is the role of the legislature?
Concerned with the making of legal rules. In the UK this is Parliament
What is public law?
Concerned with the interactions between the individual and the state.
What is Constitutional law?
The study of “political” constitutions, what they are and the principles used to write and uphold them.
In the UK we’re all subject to our constitution and have no choice in the matter- such constitutions are called ‘political’ constitutions. For this reason Public law is often referred to as Constitutional law.
What is Administrative law?
The legal process governing disputes individuals have over decisions made by those exercising their executive functions.
(It might involve a dispute over a grant of planning permission or regulation of air traffic. )
What is the process of challenging administrative decisions called?
Judicial review.
What is ‘Civil liberties’?
The study of human rights.
Public law is concerned with your rights and the level of protection you have against their infringement by the state.
In the UK, who has the ultimate authority, the Prime Minister, Parliament, or the Courts? (and how does this differ from the US?)
Parliament. In the USA, the constitution itself has the ultimate authority.
Why can the Prime Minister decide if the UK can go to war without consultation?
In the UK, the Prime Minister has powers under our constitution to make such decisions. (although many argue against this) As Parliament has ultimate authority it could remove these powers if it wished.
Under the UK constitution, who can force the Prime Minister out of office?
The Prime Minister can be sacked by Parliament as it has ultimate authority.
Why is studying the UK constitution so different to other political constitutions?
It’s not written down in a document or collection of documents. Instead its made up of many different elements taken from many different sources.
Do political parties have the legal power to remove Prime Ministers?
No, but they do have political and practical power to do so. E.g Margaret Thatcher was removed from office as Prime Minister by the conservative party. However, this occurred under the rules of the conservative party itself and not the constitution of the state. These rules are an example of a non-political constitution, as only party members are subject to these rules.
What is residual freedom?
Prior to the Human Rights Act, the UK constitution permitted its citizens to commit any act which had not been made specifically unlawful at the time of commission.
Why is the Human Rights Act important?
To prevent less blatant encroachments of civil liberties. The Human Rights Act protects our fundamental rights. e.g right to life/privacy/practice religion.
In many constitutions the granting of civil rights or liberties is central to the constitution. However, in the UK, civil rights and liberties have been granted in a very piecemeal way.
