Public Law

Question 1

“all rules which directly or indirectly affect the distribution or the exercise of the sovereign power in the state” Dicey (conflict of laws) what is this a definition of?

Answer 1

Constitution

Question 2

What are the key sources of the UK’s uncodified constitution

Answer 2

Statute, Conventions, Case Law, Retained EU Law, Royal Prerogative, Authoritive Works

Question 3

What is the meaning of the central state?

Answer 3

Core executive, Civil Service, Parliament (The government)

Question 4

Where is power perceived to lie in the UK?

Answer 4

The Central Executive (The Crowns powers exercised by the Government)

Question 5

Who is the non-partisan source of administration led by ministers?

Answer 5

The Civil Service

Question 6

Which body creates statutes and legislation?

Answer 6

Parliament

Question 7

Which case sets the precedent for a ‘constitutional statute’?

Answer 7

Thoburn v Sunderland CC (Laws LJ)

Question 8

Can Parliament expressly amend or repeal constitutional statute?

Answer 8

Yes, by simple majority through ordinary parliamentary procedure

Question 9

What is IMR?

Answer 9

Individual Ministerial Responsibility (cabinet or junior rank) owe a responsibility for effectively what happens in their area or responsibility. They are accountable to parliament.

Question 10

The Crichel Down Affair?

Answer 10

The minister of agriculture resigned, the degree of knowledge or involvement would determine the responsibility of the minister involved.

Question 11

The Maze prison affair?

Answer 11

Minister (James Prior) did not resign, as it was a ‘matter of operation’, not policy

Question 12

Whitemoor Prison?

Answer 12

Michael Howard (HomeSEC) sacked the Director General of the prison service. A failing of that executive and not of home office policy. Director General claimed unfair dismissal and won his case.

Question 13

Convention of CMR?

Answer 13

Collective Ministerial Responsibility: Confidentiality in Cabinet, Unanimity (united front) building the confidence of parliament in Government.

Question 14

Name one supplement to the conventions of CMR and IMR?

Answer 14

Ministerial code (broadly shadows CMR). Is written down so can be used more precisely.

Question 15

Who polices the Ministerial code?

Answer 15

The PM

Question 16

Internal accountability within parliament?

Answer 16

Select Committee system
Shadow govt departments
Oversight roles eg Public accounts Committee, Liason Committee (chair of each committee on a committee), Human Rights committee

Question 17

Legislative committees?

Answer 17

Appointed ad hoc to scrutinised individual bills

Question 18

Is the UK constitution entrenched?

Answer 18

No, it is has no ‘protected’ constitutional rules and rights.

Question 19

Is the Supreme court a constitutional court?

Answer 19

No, the Supreme Court can interpret case law and statute to withhold the rule of law, but it cannot quash primary legislation put forward by the legislative as a constitutional court can.

Question 20

What are the ‘3 organs of state’ as defined by Montesquieu?

Answer 20

Legislature (deliberates and makes the law)
Executive (implements the law and administers the State)
Judiciary (Interprets and enforces the law)

Question 21

What did Lord Hailsham describe the fact that the party with a functioning majority control parliament and the government as?

Answer 21

Elective dictatorship

Question 22

What are the key constitutional principles of the UK?

Answer 22

Rule of Law
Separation of powers
Parliamentary Sovereignty

Question 23

Who is the Legislature?

Answer 23

The Monarch in Power (The Crown, The House of Commons, The House of Lords) Parliament has the sole power to make law, by voting a bill through with an ordinary majority.

Question 24

The Executive?

Answer 24

The Crown, Prime Minister, Cabinet and Civil Service. Tasked with guiding and executing the functions of the state through it’s policies and departmental structure.

Question 25

The Judiciary

Answer 25

The courts

Question 26

What are the functions of the Courts?

Answer 26

Interpret statutory law (Primary and secondary legislation)

Created and developed common law principles and rules (case law) (The principle from Entick v Carrington)

Question 27

Entick V Carrington?

Answer 27

The then SoS for northern Ireland was deemed to have no legal authority for granting a general search warrant of Enticks house so had acted ultra vires and the warrant was found unlawful

Question 28

Gillick v West Norfolk

Answer 28

Victoria Gillick objected on moral grounds to a circular by the Norfolk health authority stating that they may provide medical advice and sexual health advice to those under 18. The courts rejected her argument. Some people felt at the time that the courts intruded on moral or ethical concern that the courts shouldn’t be involved in.

Question 29

Airedale N.H.S. Trust v Bland (Tony Bland?)

Answer 29

One of the last victims of the Hillsborough tragedy, the claimant sought permission from the court to turn off life support, which was granted by Court. Some criticised this as an overly active decision of the court.

Question 30

R v R?

Answer 30

The Court held that marital rape was illegal and that the presumption of consent could no longer apply to married couples. Judges ‘made’ the law, the court made the decision without statutory guidelines

Question 31

Burma Oil Company (Burma trading) v Lord Advocate

Answer 31

Parliament retrospectively changed the law on Crown compensation for war property damage following a decision of the courts to compensate.

Question 32

R (Unison) v Lord Chancellor?

Answer 32

The Supreme Court quashed the greatly increased employment tribunal fee; they unlawfully prevented claimants from accessing justice. Lord Reed noted ‘The right of access to justice…has long been deeply embedded in our constitutional law’. The case sets a precedent for common law constitutionalism.

Question 33

Areas where the courts are deferential? (2 examples, not scientific, a general approach)

Answer 33

National security 
Ethically contentious (R (Nicklinson v AG- assisted suicide)

Question 34

What is Rule of Law according to Professor Joseph Raz?

Answer 34

The law must be clear
Legal procedure must be clear and certain
Law must not be retrospective
Judiciary must be independent

Question 35

What is parliamentary legitimacy?

Answer 35

The place of Parliament as the sovereign body. Parliament is the democratic forum, as well as being historically sovereign.

Question 36

Does secondary legislation need to be approved by the ‘parent act’?

Answer 36

Yes. There needs to be authority given in the parent act.

Question 37

The courts will be deferential to orders by the police?

Answer 37

Not per se- The Courts are not likely to get involved in matters of national security (wartime, diplomatic relationships) an order by the police is not necessarily national security, but more domestic and the courts are likely to weigh in if the order compromises the rights of the public.