Introduction Flashcards

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1
Q

What is public law?

A

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

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2
Q

Three components

A
  • Consitutional law
  • Administrative law
  • Human rights
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3
Q

Rules: Definitions

A

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

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4
Q

Principles; Defintions

A

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”

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5
Q

Rules: Examples

A
  • 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
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6
Q

Principles: Examples

A
  • Democracy
  • The rule of law
  • Local self-government
  • Human rights
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7
Q

Extraordinary times:

A
  • Brexit
  • HRA controversies
  • The revolving door at No.10
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8
Q

Enduring institutions

A
  • Crown since 9th century
  • Courts since 12th century
  • Parliament since 13th century
  • Lords & Commons since 1341
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9
Q

UK Public law

A

England (Pre-1707)
Great Britian (1707-1800)
UK (1801- ?)

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10
Q

Themes in PL1

A
  1. Structure of government
  2. The Crown, govt and Parliament
  3. Role of the judiciary
  4. Human rights
  5. Comparative constitutional law
  6. Devolution
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