S1: The Constitution Flashcards
What is public law ?
- Public law is a set of rules that govern the relationships between private individuals and public bodies.
What does public law include and what is it concerned with?
- Current affairs/political issues/ broad political questions and everything going on in society.
- It is concerned with how the state functions and governs regulating relationships between the different organs of state.
What does public law help ?
It helps to shapes society and outlines how it works by helping upload a moral code of conduct
What are other features of public law ?
- Constitutional law
- Other law
- Admin law
- Private law
What does public law consist of ?
- Constitutional law which is the public relationship between powers of the british government.
- Other law which is private relationships between citizens.
Examples of public law
-CPS
-MoJ
-ECHR
-Police
What is a constitution ?
A set of rules explaining the relationship between the people and the government. It regulates powers possessed by authorities.
Examples of a constitution
- Govt control over human rights
- Regulations between the govt and the individual
- Sub branches of the govt i.e., parliament/judiciary
What are the key features of the UK constitution ?
- Separation of powers
- Rule of Law
- Parliamentary Sovereignty
Does the UK have a written or unwritten constitution ? What does this mean ?
UK has an unwritten constitution. It may be codified so gathered in a single document or uncodifed meaning contained in a variety of sources.
What are the written or unwritten sources ?
Written Sources include:
- Acts of Parliament
- EU law
- ECHR
- Common Law decisions
Unwritten sources include:
- ROL
- SoP
- Parliamentary Sovereignty
- Prerogative Powers
What is an uncodified constitution ?
A system of government which isn’t based on a single written document and instead a combination of laws.
Why are constitutional cases or statutes so important to public law?
- Constitutional cases or statute may seem important to public law as the constitution is there to solve these problems and so seen more within case law.
- Constitutional statutes however are the bigger parts of the legislation which are much harder to get rid of.