Public and Constitutional Law Overview

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Study Notes

Public Law

Public law governs the relationship between the state and its citizens. It encompasses a broad range of legal areas, focusing on the powers and functions of government institutions and how they interact with individuals.
Key features include:
- Focus on the state's role and powers.
- Balancing individual rights with public interests.
- Establishing frameworks for legitimate governance.

Constitutional Law

Constitutional law deals with the fundamental principles that govern a state. It establishes the structure and powers of the government, protecting individual rights and freedoms.
Key elements include:
- Definition of fundamental rights and freedoms.
- Establishment of governmental branches and their powers.
- Rules for amending the constitution.
- Mechanisms for checking and balancing government power.
- Supreme law of the land, with higher authority than other laws.
Sources of constitutional law can vary, depending on the jurisdiction. These could include constitutions, judicial precedents, and international treaties.

Administrative Law

Administrative law regulates the actions of administrative agencies of the government. This area of law ensures government bodies act lawfully and transparently.
Key concepts within administrative law involve controlling government powers, and ensuring fairness and justice in the exercise of administrative functions.
Focus is on ensuring fairness, efficiency, and accountability in government's implementation of laws. This includes the procedures and standards for making and enforcing regulations.

Human Rights Law

Human rights law recognizes and protects the fundamental rights and freedoms of all individuals. It establishes international and domestic standards to uphold these rights.
Key elements include:
- Protection for civil and political rights (like freedom of speech, assembly and religion)
- Protection for economic, social, and cultural rights (like the right to education and healthcare)
- International instruments, such as the Universal Declaration of Human Rights and various international covenants, outline these rights.
- National laws are often modeled on these international principles.

Westminster Model

The Westminster model is a system of parliamentary democracy derived from the British parliamentary system.
Key characteristics include:
- Parliamentary sovereignty, meaning the parliament holds the ultimate legal authority.
- Fusion of powers, where the executive (government) is drawn from and accountable to the parliament.
- A separation of powers, albeit loose, between the parliament, judiciary and executive.
- Rule of Law - all are subject to the law.
- Independent Judiciary - with the power to review laws.
It emphasizes the principle of responsible government, where the government relies on the continued support of a parliamentary majority.
Characteristics of the Westminster system vary across jurisdictions but share these core principles.

Description

This quiz explores the key features of public law and constitutional law, detailing the interplay between state power and individual rights. Participants will learn about fundamental rights, government structure, and the mechanisms that uphold legal frameworks. Test your understanding of how law governs society and protects personal freedoms.