Week 1 Flashcards
Differentiate between public and private dimensions of law.
Public law governs the relationships between individuals and the state, whereas private law addresses disputes between private parties.
Enumerate and describe the components of public law.
Constitutional law: Framework for creating and interpreting laws.
Administrative law: Governs activities of administrative agencies.
Human rights: Protections against violations of human rights.
Criminal law: Prosecution and punishment for criminal offenses.
What areas fall under private law? Describe them briefly.
Civil law: Governs disputes between individuals.
Contracts: Agreements enforceable by law.
Property: Ownership rights and regulations.
Torts: Civil wrongs causing harm or loss.
Explain business law in relation to civil and criminal elements.
Business law focuses on civil issues, but criminal elements can arise, like: bribery, insider trading, and fraudulent trading.
Highlight the main objectives of criminal laws.
They protect public safety, enforce punishment for offenses, and deter potential criminals. Violations may result in imprisonment.
What’s the evidentiary standard for criminal cases?
Guilt must be established “beyond a reasonable doubt,” a higher standard than the civil “balance of probabilities.
Describe the function of a Constitution.
It regulates relationships between citizens and the State, and defines powers and functions of various State organs.
Identify and describe the main organs of the State in the UK.
Monarchy: Symbolic head of state.
Legislature: Law-making body (House of Commons, House of Lords).
Executive: Implements laws (PM, ministers, government departments).
Judiciary: Interprets and applies laws.
Elucidate the unique characteristics of the British Constitution.
It’s uncodified (not a single document), affords flexibility, is monarchical (having a monarch as head), and unitary (centralized authority).
What are the pillars of the UK’s constitutional order?
Laws passed by Parliament, judicial decisions (Common Law), powers historically held by the Monarch (Royal Prerogative), and unwritten norms (constitutional conventions).
Define Parliamentary Supremacy and its implications.
Parliament’s laws are supreme, and if there’s a conflict with common law, statutory law prevails. This emphasizes the legislative power of Parliament.
Who is Baron de Montesquieu and what’s his contribution to political theory?
An 18th-century French judge and commentator who proposed the separation of powers, suggesting that state power shouldn’t be concentrated in one entity.
What’s the (Partial) Separation of Powers and its significance in the UK?
It’s the division of governmental functions into distinct branches to prevent abuse. In the UK, the Executive and Legislature are intertwined, with ministers being part of Parliament.
Chart the UK’s journey with the European Union (EU).
The UK joined the EU in 1973 and exited in 2020. During membership, EU law superseded UK law.
What role does the European Court of Justice (CJEU) play in the EU?
The CJEU ensures uniform interpretation and application of EU law. Its rulings are binding on member states, even if they clash with national laws.
