Week 1 - What is Public Law Flashcards
What is Public Law?
Citizen v State
How the government bodies behave
What the state can and can’t do
What duties does the state have
Some issues: Family Law
Private Law?
Citizen v Citizen
Contracts
Torts
What is a public law
Administrative law
Constitutional Law
Doesnt have a constitution
The UK is a limited monarchy
What is Public Law’s big question
What is the appropriate role of law in relation to the state governing activities
Legislative Supremacy of Parliament
House of Commons + House of Lords + Monarch
Has the right to make or unmake any laws they want to
Need to focus on the legal as opposed to the political
Separation of Powers
The division of government responsibilities into distinct branches; so that none of them have too much power on their own
The vesting of the legislative (legislation), executive (government), and judicial powers (courts and judges) of government in separate bodies
Prevents the concentration of power and provides for checks and balances (Orthodox view)
The Rule of Law
No punishment without law
No person above the law
Constitution comes from the ordinary of the law
What is contemporary Relevance
The supposed reclaiming of sovereignty for parliament and the EU referendum
Sovereignty of Parliament vs rule of law in relation to the Rwanda scheme
Separation of powers - which ‘arm’ of the state could decide if Rwanda was safe
Separation of powers - Whether the government alone or only parliament could trigger Art 50 to leave the EU
The rule of law re party gate - parties in Downing Street during lockdown
What is Administrative law and why does it matter
It is most of what we need for our daily lives
Vast number of decisions every day
Sets out powers and duties of public bodies
Aims to prevent arbitrary decision-making
What is administrative fairness required?
A clear law that people can find
Clear eligibility criteria
An accessible application system
A system for assistance
A clear timetable for how quickly a decision can be expected
Limited grounds to get a judicial review, it takes a lot of time and can only be used when there is nothing else around, it has to be something that is unlawful
Administrative decisions must be:
- Lawful/legal
- Reasonable
- Procedurally fair - if human rights are engaged, they must also be
- proportionate
Substantive fairness
Was the decision correct, when applying the facts of the law
Unlawful action by home office, breach of human rights
Procedural fairness
Was the decision made according to the correct procedure?
Follow the right procedure to make sure it is fair, it can’t be made by someone who is biased
Home office ‘judge in own case’ unfair process
Windrush Case Study
Invited to the UK to work, came on a ship
They faced racism
Arrived as British subjects, did not need visas
Racism was still there, starting getting into legislation
Immigration Act 2014 & 2016
Proof of immigration status is required to
- Rent accommodation
- Hold a driving licence
- Get married
- Access health care and other emergency care
People were refused treatment and slept on the ground as they were not able to prove their right to stay
Some couldn’t get jobs because they couldn’t speak the language very well
