Podcast
Questions and Answers
Which of these is NOT a key feature of public law?
Which of these is NOT a key feature of public law?
- Establishing frameworks for legitimate governance.
- Balancing individual rights with public interests.
- Regulating the actions of administrative agencies. (correct)
- Focus on the state's role and powers.
Constitutional law establishes the structure and powers of the government.
Constitutional law establishes the structure and powers of the government.
True (A)
Which of these is NOT a source of constitutional law?
Which of these is NOT a source of constitutional law?
- International treaties
- Administrative regulations (correct)
- Constitutions
- Judicial precedents
What is the main goal of administrative law?
What is the main goal of administrative law?
Human rights law only protects civil and political rights.
Human rights law only protects civil and political rights.
Match the following types of rights with their corresponding category under human rights law:
Match the following types of rights with their corresponding category under human rights law:
What is the principle of parliamentary sovereignty in the Westminster model?
What is the principle of parliamentary sovereignty in the Westminster model?
Which of these is a key characteristic of the Westminster model?
Which of these is a key characteristic of the Westminster model?
The Westminster model emphasizes the principle of government independence from parliamentary oversight.
The Westminster model emphasizes the principle of government independence from parliamentary oversight.
What is the role of the judiciary in the Westminster model?
What is the role of the judiciary in the Westminster model?
The Westminster model is a global standard for parliamentary democracy, meaning it is implemented exactly the same in all countries.
The Westminster model is a global standard for parliamentary democracy, meaning it is implemented exactly the same in all countries.
Flashcards
Public Law
Public Law
Governs the relationship between the state and its citizens, focusing on how government interacts with individuals.
Constitutional Law
Constitutional Law
Governs fundamental principles of a state, outlining government structure, powers, and individual rights.
Administrative Law
Administrative Law
Regulates actions of government agencies, ensuring they act lawfully and transparently.
Human Rights Law
Human Rights Law
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Westminster Model
Westminster Model
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Parliamentary Sovereignty
Parliamentary Sovereignty
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Fusion of Powers
Fusion of Powers
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Rule of Law
Rule of Law
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Independent Judiciary
Independent Judiciary
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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.
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