Public law

Question 1

Constitutional Law

Answer 1

Constitutional law is the study of “political” constitutions, what they are and the principles used to write and uphold them.

Question 2

Administrative Law

Answer 2

Administrative law is the name given to the legal process governing disputes individuals have over decisions made by those exercising their executive functions. It might involve a dispute over a grant of planning permission or regulation of air traffic.

The process of challenging these sorts of decisions is called judicial review. In these Tutorials we will look at the constitutional role of judicial review as well as some of the basic rules that govern it.

Question 3

‘Civil liberties’

Answer 3

‘Civil liberties’ is the study of human rights

Question 4

In the Uk who has the ultimate authroirty, the Prime Minister, the Courts or Parliament

Answer 4

Parliament has ultimate authority in the UK, in the USA the position is different and the constitution itself has ultimate authority

Question 5

residual freedom

Answer 5

Prior to the Human Rights Act, the UK’s constitution permitted its citizens to commit any act that had not been made specifically unlawful at the time of commission. This is called residual freedom.

Question 6

Four sources of UK constitution

Answer 6

Statutes, case law, convention, royal perrogative

Question 7

Case of Proclamations [1601]

Answer 7

The Case of Proclamations [1610] EWHC KB J22 is an English constitutional law case during the reign of King James I (1603–1625) which defined some limitations on the Royal Prerogative at that time. Principally, it established that the Monarch could make laws only through Parliament.

Question 8

Henry VIII Powers

Answer 8

‘Henry VIII clauses’ are clauses in a bill that enable ministers to amend or repeal provisions in an Act of Parliament using secondary legislation, which is subject to varying degrees of parliamentary scrutiny.

The Lords Delegated Powers and Regulatory Reform Committee pays particular attention to any proposal in a bill to use a Henry VIII clause because of the way it shifts power to the executive.

The expression is a reference to King Henry VIII’s supposed preference for legislating directly by proclamation rather than through Parliament.