Introduction to Public Law: Constitutional and Administrative Law

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Questions and Answers

What is the main purpose of Public Law as described in the text?

To expand the authority of government institutions
To promote corruption within government bodies
To empower individuals to exercise public power
To limit the exercise of public power by government entities (correct)

Which aspect of law is concerned with determining whether government actions comply with non-constitutional legal rules?

Administrative law (correct)
Constitutional law
Human rights law
Criminal law

What did Dixon J state about the rule of law in Australian Community Party v Commonwealth case?

The rule of law is not essential for a functioning Constitution
The Constitution does not assume the rule of law
The Constitution is above the rule of law
The rule of law is an assumption of the Constitution (correct)

Which theorist emphasized the strong link between law and morality, stating that law's authority comes from its conformity with morality?

Fuller (B) Signup and view all the answers

What did Dicey assert about individuals' accountability to the law?

No man is punishable except for a distinct breach of law (C) Signup and view all the answers

What is the main difference between the legal constitutional model and political constitutionalism?

The legal constitutional model enforces constitutional rules through courts, while political constitutionalism enforces them through elected branches of government. (A) Signup and view all the answers

According to Allan's view of the Rule of Law, what defines a law as 'not a law at all'?

A law that unnecessarily impinges on personal liberties. (B) Signup and view all the answers

What does Raz emphasize as essential characteristics of public laws under the Rule of Law?

Prospectivity, clarity, accessibility, and universal application. (C) Signup and view all the answers

In the context of King Rex's failures, which failure relates to rules that exceed the capabilities of the affected party?

Rules requiring conduct beyond powers of the affected party (A) Signup and view all the answers

What distinguishes primary source of constitutional principles in political constitutionalism from that of a legal constitutional model?

Constitutional rules being political in nature (A) Signup and view all the answers

Flashcards

Public Law's Purpose

To limit government power.

Administrative Law

Checks if government acts follow the rules (not the Constitution).