Introduction Flashcards
What is public law?
The law of the government
- How is it organised?
- How do its components interact?
- What are their powers (and their limits)?
Focus on the UK govt
Keep in mind;
- EU
- Devolved govt
- Local govt
Three components
- Consitutional law
- Administrative law
- Human rights
Rules: Definitions
Rules: What is to be done (and how)?
“Rules are applicable in an all or nothing fashion. If the facts a rule stipulates are given [and] the rule is valid…the answer it supplies must be accepted
Principles; Defintions
Principles: What do we care about?
A principle “states a reason that argues in one direction but does not necessitate a particular decision there may be other principles or policies arguing in the other direction”
Rules: Examples
- Term of Parliament is limited to 5 years
- Whatever Parliaments enacts as law is binding
- Parliament does not normally legislate on devolved matters
- Public authorities to act consistently with ECHR rights
Principles: Examples
- Democracy
- The rule of law
- Local self-government
- Human rights
Extraordinary times:
- Brexit
- HRA controversies
- The revolving door at No.10
Enduring institutions
- Crown since 9th century
- Courts since 12th century
- Parliament since 13th century
- Lords & Commons since 1341
UK Public law
England (Pre-1707)
Great Britian (1707-1800)
UK (1801- ?)
Themes in PL1
- Structure of government
- The Crown, govt and Parliament
- Role of the judiciary
- Human rights
- Comparative constitutional law
- Devolution