Key Terms Flashcards
Public Law
- branch of law that concerns matters or relationships between citizens and government bodies
- The principles and rules which regulate the state
Constitutional law
- concerned with the structure by which a country is governed
- the UK constiutional principles include parliamentary soveriegnty, rule of law and seperation of powers
Administrative law
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
Redress
- 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.
Procedural unfairness
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
Substantive unfairness
- concerns the fairness of a decision itself
- revolves around unfair dismissal, made based on lack of judgement
Protected rights
an umbrella term where rights are protected and enforceable by the law
Absolute right
A right that cannot be restricted or in-fringed under any circumstances
- For example freedom from tortute and freedom from slavery
Negative obligation
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
Judicial review
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.
Illegality
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
Inquest
a judicial inquiry to find out the facts relating to an incident.
Ombudsman
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
Systemic administrative failure
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.
Access to justice
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
Digital exclusion
- 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
Administrative review
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
Article 2 Inquest
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
Henry VIII power
A delegated power under which subordinate legislation is enabled to amend primary legislation
Proportionality
- 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.
Positive obligation
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
Digital exclusion
- 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
Positive obligation
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.
Qualified right
rights that can be limited or restricted in certain circumstances.
- examples: the right to privacy, the right to property etc.
Irrationality
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
Tribunal Appeal
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
Public Inquiry
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.
Algorithm
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)
UN Sustainable Development Goal 16
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
