Public Law 2 Flashcards
1
Q
Consitutional law
A
The study of the law that founds the state and sets up its institutions. It also regulates the relationships between the organs of the state
2
Q
Administrative law
A
The law that provides the power and imposes the duties on government departments and public bodies, so that they may fulfil the tasks that have been designated to them by the state
3
Q
A
4
Q
What is a Constitution?
A
Set of laws, rules and practices that create the basic institutions of the state.
5
Q
What is the primary function of constitutional law?
A
Not exhausted by the Constitution; it includes institutionalisation, accountability, checks and balances, and legitimating functions.
6
Q
What does institutionalisation in constitutional law create?
A
Creates institutions, allocates power, and ensures accountability for abuse of power.
7
Q
What is the constitutive function of constitutional law?
A
Constitutes the state, establishes powers, and limits state institutions.
8
Q
What is necessary for the legitimacy of a state’s constitutional structure?
A
Citizens’ willingness to accept the state’s constitutional structure even in the face of disagreement.
9
Q
What are the two types of constitutions?
A
Codified and Uncodified.
10
Q
Fill in the blank: A codified constitution includes _______.
A
entrenchment, a bill of rights, direct constitutional review.
11
Q
What does public law concern itself with?
A
The state, its actions, structures, and interactions of its institutions and people.
12
Q
True or False: Public law includes private law.
A
False.
13
Q
What are the components of public law?
A
- Constitutional law
- Administrative law
- EU law
- Crime
- Human rights law
14
Q
What are the two basic types of legal relationships in public law?
A
- Horizontal
- Vertical
15
Q
What is the relationship in horizontal legal relationships?
A
Relationship between different institutions of State.
16
Q
What is the relationship in vertical legal relationships?
A
Relationship between the institutions of State and citizens.
17
Q
What is the significance of judicial review?
A
It ensures legality and assesses the actions of the executive.
18
Q
What are some recent public law cases?
A
- Arms exports to Saudi Arabia
- Denial by NHS of important drug treatment
- High cost of employment tribunal fees
- Charging Northern Ireland women for mainland abortions
- Extremism on university campuses
- Deportation of foreign criminals
19
Q
What principles guide the UK’s unwritten constitution?
A
- Rule of Law
- Separation of powers
- Representative democracy
- Parliamentary sovereignty
- Limited and responsible government
- Judicial review of executive action
20
Q
What does constitutional law relate to?
A
The structure or framework of the state and its political and judicial institutions.
21
Q
What does administrative law deal with?
A
The workings of the state, statutory and common law powers and duties of government departments.
22
Q
What countries comprise the UK?
A
- England
- Wales
- Scotland
- Northern Ireland
23
Q
What is the source of the UK constitution?
A
- Statutes/Acts of Parliament
- Common Law
- Royal Prerogative
- Constitutional Conventions
- EU law (before Brexit)
24
Q
What are the four key institutions of the UK constitution?
A
- Legislature
- Executive
- Judiciary
- Monarch
25
What is the concept of separation of powers?
Power should be distributed among various state institutions and not concentrated.
26
What is parliamentary sovereignty?
Acts of Westminster Parliament are the highest laws and cannot be challenged by anyone.
27
What does the rule of law entail?
Society ought to be governed by law, which should be clear, accessible, and everyone is subject to the law.
28
29
What does it mean to say that the UK’s constitution is uncodified?
The UK has an uncodified constitution, meaning it is not written in a single document. It is made up of different sources, including:
* Statutes (laws passed by Parliament)
* Common law (court decisions)
* Conventions (unwritten traditions)
* Authoritative works (key legal texts)
30
Which early written source of the UK constitution do Patrono and Frosini identify?
Patrono and Frosini trace an early written source of the UK constitution back to Magna Carta (1215).
31
What is the difference between a 'constitution' and the 'Constitution'?
'constitution' (lowercase) refers to the overall system of rules, laws, and principles that govern a country, while 'Constitution' (uppercase) usually means a single, formal document that outlines the structure and fundamental laws of a country.
32
Why does Barber say that every country has a constitution but not necessarily a Constitution?
Every country has a 'constitution' because every government operates based on some set of rules and principles. However, not every country has a 'Constitution' (a single written document).
33
What are the key institutions of the UK state?
The key institutions of the UK state are:
* The Executive – The Government, led by the Prime Minister and Cabinet
* The Legislature – Parliament, which includes the House of Commons and House of Lords
* The Judiciary – The courts, including the Supreme Court
* The Monarchy – The King/Queen, who has a ceremonial role
34
What are the fundamental principles of the UK constitution?
The fundamental principles are:
* Parliamentary Sovereignty – Parliament is the supreme legal authority
* The Rule of Law – Everyone, including the government, is subject to the law
* Separation of Powers – The three branches of government should be separate
* Constitutional Monarchy – The monarch’s powers are limited by law
35
What is meant by parliamentary sovereignty?
Parliamentary Sovereignty means Parliament can make or unmake any law.
Orthodox Dicey version
36
How does parliamentary sovereignty relate to sections 3 and 4 of the HRA 1998?
HRA 1998, Sections 3 & 4:
* Section 3 – Courts must interpret laws as far as possible to be compatible with human rights.
* Section 4 – If a law cannot be interpreted in a human rights-friendly way, courts issue a declaration of incompatibility, but Parliament decides whether to change the law.
37
Which historical event is identified as an important transitional point towards achieving parliamentary sovereignty?
The Glorious Revolution (1688) – Led to the Bill of Rights 1689, which limited the monarchy’s power and strengthened Parliament.
38
What is the rule of law?
The Rule of Law means:
* Laws apply equally to everyone, including the government.
* Legal processes must be fair and accessible.
39
How is the rule of law enforced?
Enforced by:
* Independent Judiciary – Courts ensure the government acts lawfully.
* Judicial Review – Courts review government actions to check if they comply with the law.
40
True or False: In the USA, courts can strike down unconstitutional laws.
True
41
How does judicial review differ between the USA and UK?
USA: Courts can strike down unconstitutional laws (strong judicial review). Based on a written Constitution. UK: Courts cannot strike down Acts of Parliament due to parliamentary sovereignty; they can only review government actions for legality (weaker judicial review).
42
43
What are the four key sources of the UK Constitution?
* Acts of Parliament
* The Common Law
* Royal Prerogative
* Constitutional Conventions
## Footnote
Before Brexit, EU Law was also considered a source.
44
What historical document established the notion of contractarian government authority?
Magna Carta 1215
## Footnote
It emerged as a response to the state of nature.
45
What significant events led to the formation of the current constitutional landscape in the UK?
The Glorious Revolution
## Footnote
This included the exile of King James II and the accession of William and Mary.
46
What was a crucial consequence of the Glorious Revolution?
Establishment of constitutional monarchy
## Footnote
It limited the monarchy by law and placed it below Parliament.
47
Define Parliamentary Sovereignty.
Parliamentary sovereignty means that Acts of Parliament are supreme and above any other form of law.
## Footnote
It is legally unlimited, although this is controversial.
48
What is the highest form of law in the UK?
Acts of Parliament
## Footnote
Also known as primary legislation.
49
What does the term 'Royal Assent' refer to?
The approval needed from the King-in-Parliament for an Act to become law.
## Footnote
It is part of the traditional view of parliamentary sovereignty.
50
What happens if two Acts on the same subject matter contradict each other?
The latter Act impliedly repeals the former.
## Footnote
Parliament cannot bind its successors.
51
List examples of constitutional statutes.
* Magna Carta
* Bill of Rights
* Act of Union with Scotland 1707
* Scotland Act 1998
* Human Rights Act 1998
## Footnote
These statutes have a special status in the constitution.
52
What is secondary legislation?
Also termed subordinate or delegated legislation
## Footnote
It allows Parliament to delegate detail completion to the executive.
53
What is the doctrine of ‘stare decisis’?
The principle that courts follow precedents set by previous decisions.
## Footnote
It requires that decisions are reported.
54
What is the significance of the European Communities Act 1972?
It made EU law directly applicable in the UK.
## Footnote
This Act has now been repealed, but much EU law is retained through the EU (Withdrawal) Act 2018.
55
What is a royal prerogative?
A non-delegated or inherent legal power not derived from any other legal power.
## Footnote
Examples include deploying armed forces and signing treaties.
56
Who is accountable to Parliament for the use of royal prerogative powers?
Ministers
## Footnote
This is part of the constitutional convention of ministerial accountability.
57
What is the role of the courts regarding royal prerogative?
Courts determine the existence and extent of royal prerogative powers.
## Footnote
This reinforces the checks on these powers.
58
What is the traditional view of constitutional conventions?
Uncodified and non-legal but considered binding.
## Footnote
They are only politically enforceable.
59
What is the Jennings Test used for?
To identify constitutional conventions.
## Footnote
It involves three aspects: precedent, belief of being bound, and a reason for a rule.
60
What does the Salisbury Convention state?
The House of Lords will not oppose the second or third reading of any government legislation promised in the election manifesto.
## Footnote
These are referred to as 'manifesto bills'.
61
Fill in the blank: The __________ will not normally legislate on matters that have been devolved unless with consent.
Westminster
## Footnote
This is known as the Sewell Convention.
62
For and against codifying constitutions
* For = we already know what is in the constitution. It is clear, simply and established
* Against = it’s very rigid and difficult to evolve over time
63
Entrenchment
A legal process that makes it more difficult to change a law or constitutional provision. Entrenched laws are more resistant to repeal or amendment.
64
65
What is Social Contract Theory?
A theory advocating for a social contract where men establish an authority to secure peace to escape the brutality of the state of nature
## Footnote
Influenced by the English Civil War and published by Hobbes in 1651.
66
What does the 'state of nature' refer to in Social Contract Theory?
A theoretical possibility that allows for a philosophical argument about the need for centralized authority
67
What is the purpose of the authority established by the social contract according to Hobbes?
To secure peace
68
Who proposed the concept of the 'Leviathan'?
Thomas Hobbes
69
What is the 'Leviathan' in Hobbes' theory?
A centralized authority created by a covenant of 'every man with every man'
70
What do individuals give up in Hobbes' social contract?
Their natural rights by conferring unlimited power to the sovereign
71
What are John Locke's views on natural rights?
Men have inalienable rights, including life, liberty, and property, independent of the state
72
What is the significance of Locke's 'Two Treatises of Government'?
It outlines the idea that government authority is conditional and can be replaced if it fails to deliver rights
73
What is the main difference between Hobbes and Locke regarding the limits of sovereign power?
Hobbes sees security as the only limit, while Locke emphasizes the protection of individual rights
74
What is the primary question regarding social contract theories?
Did people actually consent to the social contract, and if so, how and when?
75
What is the paradox of democratic power as stated by James Madison?
A government must control the governed while also being obliged to control itself
76
What are the two broad solutions to the paradox of democratic power?
Limited government and accountability for misuses of power
77
What is the difference between legal constitutionalists and political constitutionalists?
Legal constitutionalists advocate for legal means to limit power, while political constitutionalists focus on political accountability
78
What is the purpose of the separation of powers?
To safeguard citizens’ liberties and guard against tyranny
79
What is the traditional conception of the separation of powers?
Emphasis on protection of liberty against tyranny through the division of state powers
80
What does Barendt argue regarding the separation of powers?
It requires complete separation of three branches of state with corresponding functions assigned to each
81
What is a partial conception of separation of powers?
Allocating different functions to state branches in a way that generates friction
82
What is the common denominator in both pure and partial conceptions of separation of powers?
Protection of liberty
83
How is the UK constitution characterized?
A series of instruments, events, practices, etc.
84
What historical events contributed to the development of the separation of powers in the UK?
Magna Carta, Petition of Rights, Glorious Revolution, common law, judicial review, and rule of law
85
What is the primary institution of the legislative branch in the UK?
Parliament
86
What are the primary roles of the House of Commons?
Enact primary legislation, scrutinize the executive, represent the electorate
87
What is the role of the executive branch in the UK?
Govern the country on a day-to-day basis, propose laws, represent internationally, enforce law
88
What is the main constitutional role of the judicial branch?
To decide disputes by applying the law according to Parliament's intention or common law
89
What does judicial review entail?
Reviewing executive actions and upholding the rule of law
90
What is the significance of the doctrine of stare decisis in the judicial branch?
Courts create law of general application through minimal and incremental changes
91
Who is the official Head of State in the UK?
The King (Crown)
92
What does the term 'Crown' refer to in UK law?
Both the Executive and the Monarch
93
What is the only sovereign in the UK?
Parliament
94
95
What are the sources of the UK Constitution?
Acts of Parliament, The Common Law, Royal Prerogative, Constitutional Conventions, Before Brexit: EU Law
## Footnote
These sources can be categorized as legal and non-legal.
96
Which source of the UK Constitution is hierarchically superior?
Royal prerogative
97
What is the common law?
A body of law developed through court decisions and judicial interpretations
## Footnote
It is empowered to determine the existence and extent of royal prerogative powers, as recognized in Miller 1.
98
What is the meaning of an ‘inherent’ source of the UK constitution?
Royal Prerogative is non-delegated or inherent legal power
## Footnote
It is power not derived from any other type or form of legal power.
99
What is the royal prerogative?
The residue of authority left to the royal family where acts of parliament are done with royal approval
## Footnote
Examples include the power to appoint ministers and grant honors.
100
What prerogative power did the Government claim in the first Miller case?
The power to notify the European Union of the UK's intention to leave by triggering Article 50
## Footnote
The Court found that this power could not be exercised without Parliament's approval.
101
What limitations did the Court find regarding the Government's prerogative power in Miller 1?
Parliament must authorize actions that impact individuals' rights within the UK legal framework
## Footnote
Leaving the EU would cause legal changes needing parliamentary approval.
102
What decision did the Court in Miller 1 reach?
The Government could not invoke its prerogative power to trigger Article 50 without prior approval from Parliament
## Footnote
This reinforced the constitutional requirement for Parliamentary involvement in legal rights decisions.
103
What is a constitutional convention?
Unwritten rules that both parliament and government have to obey
## Footnote
They are based on political bodies and are not legally enforceable.
104
Which constitutional convention is raised in Miller?
The Sewel Convention
## Footnote
It states that the UK Parliament should not legislate on devolved matters without the consent of the devolved legislature.
105
How do the courts regard constitutional conventions?
Courts recognize constitutional conventions but do not enforce them as legal rules
## Footnote
In Miller, the Court acknowledged the Sewel Convention but ruled it was political, not legally binding.
106
Legal v political sources with courts
If a source is legal, courts have the power to enforce it
If a source is political, courts don’t have the power to enforce it
107
108
What are the main functions of the UK Parliament?
Enacting primary legislation, Political representation, Governmental scrutiny
109
What does the Orthodox view of Parliamentary Sovereignty entail?
There are no legal limits to what Parliament may enact as law, and nobody can override or invalidate an Act of Parliament
110
What is the sole limit to Parliament's legal power according to the Orthodox view?
Parliament cannot bind its successors
111
What does legal validity mean?
It means that a norm belongs to the legal system and exists within the law
112
How is the validity of secondary legislation determined?
It is valid when passed in accordance with a more fundamental norm, typically primary legislation
113
What is HLA Hart's suggestion regarding the validity of Acts of Parliament?
Acts of Parliament are valid because officials practice a rule to treat enactments of King-in-Parliament as primary law
114
What is the 'Rule of Recognition'?
It is the master rule under which officials have a duty to treat enactments of King-in-Parliament as primary law
115
What is the significance of the Hunting Act 2004 in terms of validity?
It was passed using the procedure laid down in the Parliament Act 1949, which limits the House of Lords' role
116
What is Dicey's definition of Parliamentary Sovereignty?
The right to make or unmake any law whatever; no person or body can override or set aside Parliament's legislation
117
Can Parliament impose conditions on the 'manner and form' in which legislation should be passed?
Under the Orthodox view, it cannot impose such conditions
118
What do RFV Heuston and Jennings suggest about Parliament's ability to bind future Parliaments?
Parliament may change the procedure for making future laws but cannot restrict the areas on which future laws may be made
119
What are the Parliament Acts 1911 and 1949 commonly known as?
'The Parliament Acts'
120
What types of bills do the Parliament Acts apply to?
Public Bills other than Money Bills, excluding certain specified conditions
121
List some examples of Bills approved under the Parliamentary Acts.
* Government of Ireland Act 1914
* Welsh Church Act 1914
* Parliament Act 1949
* War Crimes Act 1991
* European Parliament Elections Act 1999
* Sexual Offences (Amendment) Act 2000
* Hunting Act 2004
122
Is the Parliament Act 1911 considered a valid act of Parliament?
It is valid as a type of secondary legislation, not as primary legislation
123
What consequence follows from the Parliament Act 1911 being viewed as delegated legislation?
It is not binding on future parliaments and courts can review it
124
125
What is the most important demand of the Rule of Law?
People in positions of authority should exercise their power within a constraining framework of well-established public norms rather than in an arbitrary or purely discretionary manner.
126
What should the government operate within according to the Rule of Law?
A legal framework.
127
What is required from citizens under the Rule of Law?
Citizens should respect and comply with legal norms.
128
What does the Rule of Law require regarding legal institutions?
Legal institutions and their procedures should be available to ordinary people.
129
What is the requirement of subjection of public power to law?
People in positions of authority should exercise their power within a constraining framework of well-established public norms.
130
What does equality before the law mean?
Same law for everyone; no one is above the law.
131
What is required for legal access and legal guidance?
People should have access to the law and be able to use it to plan action.
132
What is 'conceptual inflation' in the context of the Rule of Law?
The idea that the Rule of Law includes too many concepts, such as respect for human rights and protection of democracy.
133
What do formal conceptions of the Rule of Law focus on?
Certain demands the law must meet to guide conduct effectively.
134
According to formalists, how is the law similar to a knife?
Law can be used for good purposes or bad purposes, but should be effective in guiding behavior.
135
What are Joseph Raz's views on the law?
Laws should be prospective, open, clear, stable, and guided by principles of natural justice.
136
What does Tom Bingham include in his concept of the Rule of Law?
Protection of fundamental rights and respect for international obligations.
137
What is the key difference between formal and substantive conceptions of the Rule of Law?
Substantive conceptions require that the content of the law itself conforms to the Rule of Law.
138
What must the law afford according to substantive conceptions?
Adequate protection of fundamental human rights.
139
What is a procedural requirement in the context of the Rule of Law?
Access to justice must be available without prohibitive cost or inordinate delay.
140
What does the term 'access to justice' imply?
Law should allow free and equal access to justice for all.
141
How is the Rule of Law characterized in the UK today?
Largely a common law construct, influenced by the Constitutional Reform Act 2005.
142
What does Part 1 of the Constitutional Reform Act 2005 state regarding the Rule of Law?
It does not adversely affect the existing constitutional principle of the Rule of Law.
143
True or False: The Rule of Law requires that all laws apply equally to everyone.
True.
144
Fill in the blank: The Rule of Law requires that citizens should ______ legal norms.
respect and comply with
145
146
How many countries are in the EU?
27 countries
147
What is the purpose of the internal single market in the EU?
To ensure the free movement of people, goods, services, and capital
148
Name three institutions of the EU.
* European Council
* European Parliament
* European Commission
149
What are the primary sources of EU law?
* Treaties
150
What is a regulation in EU law?
Directly applicable law
151
What is a directive in EU law?
Requires member states to choose how to implement it
152
What does a decision in EU law do?
Binding on those to whom it is addressed
153
Are recommendations and opinions in EU law binding?
No, they are not binding
154
What is dualism in the context of EU law?
A treaty does not alter domestic law unless incorporated by legislation
155
What does the Tin Council case (1990) illustrate?
The relationship between international treaties and domestic law
156
What did the Treaty of Rome require from member states?
To incorporate Community Law into domestic law
157
What does the European Communities Act 1972 state?
EU law has supremacy over domestic law
158
What was the significance of the Factortame Ltd v SoS Transport (No2) case?
It affirmed the supremacy of EU law over UK law
159
What is the effect of the European Union (Withdrawal) Act 2018?
Repeals the European Communities Act 1972 but saves EU-derived domestic legislation
160
What is the structure of the United Kingdom?
* One state
* One central Parliament
* Three devolved assemblies
161
What does devolution mean?
Transferring competence from a central government to regional bodies
162
What is the Sewel Convention?
UK Parliament will not legislate on devolved matters without consent from the Scottish Parliament
163
What does the Scotland Act 1998 establish?
Scottish Parliament can pass laws within its legislative competence
164
What are reserved matters under the Scotland Act?
* Foreign affairs
* Defence
* Civil Service
165
What powers were increased by the Scotland Act 2016?
Legislative powers including tax-raising capabilities
166
Fill in the blank: A Scottish Act is not valid if it relates to _______.
[reserved matters]
167
True or False: The UK Parliament retains power to legislate for Scotland.
True
168
What is the final domestic court of appeal for civil cases in the UK?
UK Supreme Court
169
What are the three types of rights under the European Convention of Human Rights?
Absolute, Qualified, Derogable
## Footnote
Absolute rights cannot be restricted, qualified rights can be restricted if necessary and proportionate, and derogable rights can be restricted in times of national emergency.
170
What is an example of an absolute right?
Right to life
## Footnote
This right cannot be restricted under any circumstances.
171
What is an example of a qualified right?
Right to private and family life
## Footnote
This right can be restricted if necessary and proportionate.
172
What is an example of a derogable right?
Right to liberty and fair trial
## Footnote
This right can be restricted during times of national emergency as per Article 15.
173
When was the Council of Europe formed?
1949
## Footnote
The Council was established to protect human rights.
174
Is the UK a member of the EU?
No
## Footnote
The UK is a founding member of the Council of Europe but not part of the EU.
175
What significant change occurred in the UK regarding individual petitions to the ECtHR?
Allowed by UK in 1966
## Footnote
This change permitted individuals to bring cases to the European Court of Human Rights.
176
What is the status of ECtHR judgments?
Persuasive only in diplomatic sense
## Footnote
Judgments are not legally binding in domestic law.
177
What act made rights domestically enforceable in the UK?
Human Rights Act 1998
## Footnote
This act came into effect in 2000.
178
What does Article 2 of the European Convention of Human Rights state?
Right to life
## Footnote
This article establishes the fundamental right to life.
179
What protection does Article 3 provide?
Anti-torture and inhumane treatment
## Footnote
This article prohibits torture and inhumane or degrading treatment.
180
What does Article 5 guarantee?
Right to liberty and security of the person
## Footnote
This article ensures protection against arbitrary detention.
181
What does Article 6 protect?
Right to a fair trial
## Footnote
This article ensures the right to a fair and public hearing.
182
What does Article 8 emphasize?
Right to private and family life
## Footnote
It states that everyone has the right to respect for their private and family life.
183
Fill in the blank: Article 10 of the European Convention of Human Rights guarantees the right to _______.
freedom of expression
## Footnote
This article protects the freedom to hold opinions and to receive and impart information.
184
What is the significance of the European Communities Act 1972 (ECA 72)?
Gives overriding effect to EU law
## Footnote
This act ensures that EU law prevails over domestic statutes.
185
True or False: ECHR requires incorporation into domestic law.
False
## Footnote
Unlike EU law, ECHR does not require incorporation, which is why the Human Rights Act was created after its ratification.
186
What does ECtHR stand for?
European Court of Human Rights
## Footnote
This court hears cases related to the European Convention of Human Rights.
187
What is the relationship between ECtHR judgments and domestic law?
Not domestically enforceable
## Footnote
Judgments from the ECtHR do not override parliamentary supremacy in the UK.
188
What is the primary purpose of the Human Rights Act 1998?
To incorporate the Convention Rights into UK law
## Footnote
The act allows individuals to claim their rights in UK courts.
189
190
What is the definition of judicial review?
Control over the legality of actions taken by public authorities
## Footnote
Judicial review is typically a source of law in the legal system.
191
What does 'who' typically refer to in the context of judicial review?
Courts
192
What are the normative criteria used in judicial review?
Benchmarks according to which courts evaluate the merits or demerits of a legal source
193
What is the rationale behind judicial review?
Ground of review
194
Give an example of primary legislation being reviewed.
Piece of primary legislation based on the Constitution due to incompatibility
## Footnote
This refers to the conflict between primary legislation and constitutional norms.
195
What is an example of secondary legislation being reviewed?
Statutory instrument based on an Act of Parliament due to illegality
196
What landmark case is often cited in discussions of judicial review?
Marbury v Madison
197
Which countries have constitutional courts mentioned in the context of judicial review?
* Germany
* South Africa
* Italy
* Spain
198
True or False: Constitutional judicial review is always about striking down legislation.
False
199
Which model of judicial review does the US follow?
A strong model
200
What is a potential limitation of congressional power in relation to judicial review?
Congress could insist on giving effect to previously declared unconstitutional legislation
201
In the context of constitutional review, what could theoretically happen without the power of invalidation?
Issuing a statement of incompatibility, leaving resolution to the political process
202
Can UK courts review primary legislation?
Yes, but there are complexities due to a lack of codified constitution
203
What was the situation regarding judicial review of legislation when the UK was part of the EU?
British courts could review legislation for compatibility with EU law
204
What prevailed in case of conflict between UK law and EU law?
EU law
205
What is a potential ground for judicial review mentioned in the context of primary legislation?
The rule of law
206
What does S29(2)(e) of the Scotland Act 1998 state?
An Act of the Scottish Parliament is not law if incompatible with Convention rights
207
What principle must courts demand from Acts of Westminster Parliament?
Explicit intention; no doctrine of implied repeal
208
What does the expression 'judicial review' typically mean in the UK?
Narrower meaning focusing on secondary or delegated legislation and Royal Prerogative
209
What are the general grounds for judicial review?
* Illegality
* Irrationality
* Procedural impropriety
210
Is proportionality considered a general ground of review?
Debated; some argue it should not be a ground
211
What case addressed the issue of Royal Prerogative in judicial review?
Council of Civil Service Unions and Others v Minister for the Civil Service [1985] A.C. 374
212
What was the main issue in the CCSU case?
Whether a directive based on Royal Prerogative could prohibit certain employees from joining trade unions for national security purposes
213
What determines the judicial review process?
The nature of the power, not its source
214
List the grounds of judicial review.
* Illegality
* Irrationality
* Procedural impropriety
