Key Terms

Question 1

Public Law

Answer 1

• branch of law that concerns matters or relationships between citizens and government bodies
• The principles and rules which regulate the state

Question 2

Constitutional law

Answer 2

• concerned with the structure by which a country is governed
• the UK constiutional principles include parliamentary soveriegnty, rule of law and seperation of powers

Question 3

Administrative law

Answer 3

A body of law which seeks to ensure that public bodies act in a way that is legal, reasonable and fair.
- does not refer to constiutional guidelines for a country and accounts more for daily procedural uses of legal and institutional powers

Question 4

Redress

Answer 4

• refers to relief from distress
• Redress is the act of righting a wrong. In law it refers to obtaining a remedy or compensation for loss or a wrong doing.

Question 5

Procedural unfairness

Answer 5

a person or party not being given a fair hearing before a decision that concerns their interests or livelihood
- does not handle the outcome of the case

Question 6

Substantive unfairness

Answer 6

• concerns the fairness of a decision itself
• revolves around unfair dismissal, made based on lack of judgement

Question 7

Protected rights

Answer 7

an umbrella term where rights are protected and enforceable by the law

Question 8

Absolute right

Answer 8

A right that cannot be restricted or in-fringed under any circumstances
- For example freedom from tortute and freedom from slavery

Question 9

Negative obligation

Answer 9

refers to a duty not to act; that is to refrain from action that would hinder or go against human rights. For example, you have the right NOT to be tortured and murdered

Question 10

Judicial review

Answer 10

Falls under legal accountability. More specifically, it is the accountability of the executive through the courts. Which is mainly developed through common law, looking at all the decisions made by the public authority.

Question 11

Illegality

Answer 11

Illegality is ground for judical review that means a public body has acted unlawfully by:
- acting outside of its powers (‘ultra vires’)
- breaching a requirement of a statute
- failing to follow the law properly
- taking into account considerations it is not lawfully entitled to
It ensures that public authorities act within the scope of their powers
Sub principles of illegality include:
- excess of power
- abuse of power

Question 12

Inquest

Answer 12

a judicial inquiry to find out the facts relating to an incident.

Question 13

Ombudsman

Answer 13

work independtly as intermediaries to provide individuals with a private avenue, it issued as a last resort so a person will have to go through a body’s own complaint system first
- there are 4 types of ombudsman: housing, local government, prison and parliamentary
- the 2 functions are: redress function and quality control function

Question 14

Systemic administrative failure

Answer 14

a failure within legal or administrative systems that leads to widespread ineffeciencies or injustices. In a legal context, this can refer to situations where instiutional processes fail to uphold rights or deliver justice, impacting vulnerable populations.

Question 15

Access to justice

Answer 15

the right of an individual to have effective access to the courts, which involves the right to a fair trial so that they have the means to resolve legal disputes

Question 16

Digital exclusion

Answer 16

• typically refers to sections of the population not being able to use the internet in wats that are needed to participate fully in modern society
• it arises from a complex interplay of factors including age, socio-economic status, disability, geography, educational attainment, literacy and language and housing circumstances

Question 17

Administrative review

Answer 17

process where an administrative organization reviews its own decisions
- it is a way for people to challenge decisions made by public bodies such as the home office
- adopted by the government as the first step on the dispute resolution ladder

Question 18

Article 2 Inquest

Answer 18

An Article 2 Inquest means that the state have to carry out an ‘enhance investigation’ into the death. Whereas a ‘traditional’ non-article 2 inquest will look at when where and how a person died.
- looks at the wider circumstances surrounding a person’s death

Question 19

Henry VIII power

Answer 19

A delegated power under which subordinate legislation is enabled to amend primary legislation

Question 20

Proportionality

Answer 20

• refers to the balance between the rights of individuals and the interests of society.
• recognises that rights can conflict with each other and is a tool to help decision makers make reasonable decisions about how strictly to apply particular rights in certain situations. It identifies the various options available and chooses the one that is the least restrictive of ones human rights.

Question 21

Positive obligation

Answer 21

the state has an obligation to protect human rights e.g the right to education is protected with free education provided by the state OR the right to life (article 2) is protected through free healthcare (the NHS) or murder being a crime

Question 22

Digital exclusion

Answer 22

• digital exclusion typically refers to sections of the population not being able to use the internet in ways that are needed to participate fully in modern society
• it arises from a complex interplay of factors including age, socio-economic status, disability, geography, educational attainment, literacy and language, and housing circumstances

Question 23

Positive obligation

Answer 23

the state has an obligation to protect human rights, e.g the right to education is protected with free education provided by the state OR the right to life (article 2) is protected through free healthcare (the NHS) or murder being a crime.

Question 24

Qualified right

Answer 24

rights that can be limited or restricted in certain circumstances.
- examples: the right to privacy, the right to property etc.

Question 25

Irrationality

Answer 25

Irrationality is a ground for challenging a state body’s decision that is so unreasonable that no reasonable authority could have come to it.
There is no hard line between what is, and what is not, irrational.
The courts determine irrationality along a sliding scale of case law lanmarked by the wednesbury corporation case

Question 26

Tribunal Appeal

Answer 26

are challenges to decsions made by a tribunal to a higher court such as the upper tribunal or employment appeal tribunal in UK public law.
- among the topics handled by tribunals are tax, employment, immigration, and asylum cases

Question 27

Public Inquiry

Answer 27

An official review or investigation of actions or events proposed by the government that have sparked public concern or controversy. The Inquiries Act of 2005 consolidated a range of powers to hold inquiries.

Question 28

Algorithm

Answer 28

systems that evaluate historical data to predict the outcome of legal proceedings, which can be decisive in the strategy of a case
Types:
- Predictive policing (uses historical data to prevent where and when crime occurs)
- Visa streaming (algorithms which trease visa application to help visa issueing athorities to decide who to investigate)

Question 29

UN Sustainable Development Goal 16

Answer 29

UN Sustainable Development Goal 16 promotes peace, justice, and strong institutions.
It aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable, and inclusive instiutions at all levels. Also to promote the rule of law, for equal access to justice for all