Questions and Answers
What is the primary purpose of Judicial Review in Constitutional Law?
The Universal Declaration of Human Rights protects only civil and political rights.
False
Name one mechanism for enforcing Human Rights Law.
International Criminal Court
The division of government responsibilities into distinct branches is known as __________.
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Match the following branches of law with their definitions:
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Which of the following rights is considered a Fundamental Right?
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Checks and Balances ensure that one branch of government remains dominant over the others.
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Administrative Law includes rules governing the __________ process by which agencies develop regulations.
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What is a Constitution?
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What is the function of a Constitution?
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The UK has a written Constitution.
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What is a Convention in the context of the UK Constitution?
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Why are Conventions important in the UK Constitution?
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What does the separation of powers mean?
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Which of the following represents a key element of the Rule of Law?
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What does Parliamentary Supremacy mean?
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What is the significance of the Human Rights Act 1998?
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Which of the following is NOT a ground for Judicial Review?
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What is meant by 'Devolution'?
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Study Notes
Public Law
Constitutional Law
- Definition: The body of law that governs the interpretation and implementation of a country's constitution.
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Key Concepts:
- Separation of Powers: Division of government responsibilities into distinct branches (executive, legislative, judicial).
- Checks and Balances: Mechanisms to prevent any one branch from gaining too much power.
- Fundamental Rights: Constitutional provisions that protect individual liberties (e.g., freedom of speech, religion).
- Judicial Review: The power of courts to assess whether a law is in compliance with the constitution.
Human Rights Law
- Definition: A set of international norms and standards aimed at protecting the individual rights and freedoms of all people.
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Key Concepts:
- Universal Declaration of Human Rights: An international document adopted by the UN, outlining basic human rights.
- Civil and Political Rights: Rights protecting individual freedoms (e.g., right to life, freedom from torture).
- Economic, Social, and Cultural Rights: Rights related to social welfare and cultural participation (e.g., right to education, right to work).
- Mechanisms for Enforcement: International courts (e.g., International Criminal Court) and domestic legal systems.
Administrative Law
- Definition: The area of law governing the activities of administrative agencies of government.
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Key Concepts:
- Regulatory Framework: Laws and regulations created by government agencies to implement legislation.
- Judicial Review of Agency Actions: Courts can review decisions made by administrative agencies for legality and reasonableness.
- Due Process: Requirement that legal matters be resolved according to established rules and principles, ensuring fairness.
- Administrative Procedures: Rules governing the process by which agencies develop and issue regulations, and how individuals can challenge agency actions.
Public Law
Constitutional Law
- Governs interpretation and implementation of a country's constitution.
- Separation of Powers: Ensures distinct governmental branches (executive, legislative, judicial) handle specific functions, promoting efficiency and reducing tyranny.
- Checks and Balances: Each branch has powers to limit the others; essential for maintaining equilibrium within government.
- Fundamental Rights: Protects individual liberties enshrined in the constitution (e.g., freedom of speech, religion).
- Judicial Review: Courts can invalidate laws that conflict with constitutional provisions, reinforcing the constitution's supremacy.
Human Rights Law
- Comprises international norms aimed at safeguarding individual rights and freedoms globally.
- Universal Declaration of Human Rights: A UN-adopted document outlining fundamental human rights applicable to all individuals.
- Civil and Political Rights: Focus on protecting individual freedoms such as the right to life and protection from torture.
- Economic, Social, and Cultural Rights: Addresses rights related to social welfare, including access to education and work.
- Mechanisms for Enforcement: International courts like the International Criminal Court and domestic legal systems are employed to uphold these rights.
Administrative Law
- Governs the operations and activities of government administrative agencies.
- Regulatory Framework: Establishes the laws and guidelines for agencies to implement legislation effectively and fairly.
- Judicial Review of Agency Actions: Allows courts to evaluate the legality and reasonableness of decisions made by administrative bodies.
- Due Process: Ensures legal proceedings are conducted fairly, following established protocols and constitutional protections.
- Administrative Procedures: Defines the processes by which agencies create regulations and outlines how individuals can contest agency decisions.
The UK Constitution
- A constitution is a set of fundamental principles that govern a country.
- Functions include regulating powers of government, protecting rights, and providing a framework for law.
- The UK has an unwritten constitution, characterized by statutes, conventions, and legal precedents.
- Codification of the UK constitution is debated; proponents argue for clarity, while opponents highlight flexibility of the current system.
Conventions
- Conventions are unwritten practices that guide political behavior and government operations.
- They are essential for constitutional continuity and fill gaps in written laws.
- Key differences between laws and conventions lie in enforceability and enforcement mechanisms.
- Examples include collective responsibility in the cabinet and the Prime Minister's selection by the monarch.
- Courts approach conventions as important but not legally enforceable; debate exists on whether they should be codified.
Separation of Powers
- Separation of powers divides government functions into legislative, executive, and judiciary.
- Essential to prevent abuse of power and ensure checks and balances.
- Each branch has distinct functions, but overlaps exist, necessitating cooperation.
The Rule of Law
- The rule of law ensures that law applies equally to all individuals and authorities.
- Essential for maintaining order, protecting rights, and limiting arbitrary power.
- Enforced through legal processes and judicial review, which checks the legality of actions taken by public bodies.
Parliamentary Supremacy
- Parliamentary supremacy means Parliament can make or unmake any law without legal limitation.
- Key characteristic of the UK constitution, vital for democratic governance.
- Limitations include political constraints and legal challenges, such as judicial review and devolution agreements.
A.V. Dicey on Parliamentary Sovereignty
- Dicey’s principles emphasize Parliament as the ultimate legal authority in the UK.
- His views remain relevant in contemporary discussions about the balance between Parliament and other legal frameworks.
Modern Challenges to Parliamentary Supremacy
- Devolution has transferred powers to Scotland, Wales, and Northern Ireland, impacting parliamentary authority.
- The Human Rights Act 1998 and membership in the EU posed limits on parliamentary sovereignty, especially concerning rights protections.
- Brexit introduced further changes, reshaping legal and political dynamics.
Devolution
- Devolution refers to the transfer of legislative power from Parliament to regional governments.
- Notable acts include the Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act 1998.
- Parliament retains the power to legislate for devolved nations, subject to the Sewel Convention.
Recent Supreme Court Decision (2022)
- The case addressed the legality of the Scottish Parliament's ability to call for an independence referendum under the Scotland Act.
Prerogative Powers
- Prerogative powers are ancient rights exercised by the executive, often relating to foreign affairs and national security.
- While historically unchecked, they now face statutory and judicial controls, highlighted in Miller cases.
Parliament
- Law-making involves multiple stages: proposal, scrutiny, and debate across both Houses.
- The House of Commons is elected, while the House of Lords is unelected, raising questions about democratic legitimacy.
Ministerial Responsibility
- Ministerial responsibility emphasizes government transparency and accountability.
- Collective responsibility requires all ministers to support government decisions publicly.
- Individual responsibility holds ministers accountable for their personal conduct and that of their departments.
Legislation
- Primary legislation is formal laws passed by Parliament, while delegated legislation allows for further specifications by government agencies.
- The House of Lords plays a significant role in scrutinizing legislation to ensure checks and balances.
The House of Lords
- The unelected upper house faces criticism regarding its democratic legitimacy and calls for reform.
- Discussions about reform focus on enhancing accountability while preserving its expertise.
The Human Rights Act 1998
- The Human Rights Act incorporates the European Convention on Human Rights into UK law.
- It establishes rights and responsibilities, including statutory interpretation duties and declarations of incompatibility.
- Continuous debates revolve around its effectiveness and the need for reform to adapt to contemporary issues.
Judicial Review
- Judicial review allows courts to assess the legality of decisions made by public authorities.
- Grounded in principles of illegality, irrationality, procedural impropriety, and proportionality.
- Remedies from judicial review include quashing orders, prohibitory orders, and declarations, ensuring government accountability.
Conclusion
- Understanding these foundational elements of public law is crucial for grasping the dynamics of the UK constitutional framework and the mechanisms for maintaining accountability, governance, and the rule of law.
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Description
Explore the fundamental principles of Public Law, focusing on both Constitutional Law and Human Rights Law. This quiz delves into key concepts like Separation of Powers, Judicial Review, and the Universal Declaration of Human Rights. Test your understanding of how these laws protect individual liberties and maintain government balance.
