Public Law I - week 1
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Questions and Answers

What is public law primarily concerned with?

  • Private disputes between individuals
  • Commercial transactions and contracts
  • The relationship between the state and the individual (correct)
  • International treaties and agreements

Which of the following accurately describes a function of a constitution?

  • To create religious laws
  • To serve as a historical document
  • To regulate the relations between government institutions and their citizens (correct)
  • To regulate international laws

What does a rigid constitution imply about amendments?

  • They cannot be amended at all
  • They can only be amended by constitutional conventions
  • They require more difficult procedures than ordinary laws to amend (correct)
  • They are simple and can be made through majority votes

Which element is NOT a part of constitutional law?

<p>The regulation of private business interactions (B)</p> Signup and view all the answers

Which of the following is an example of an uncodified constitution?

<p>United Kingdom (D)</p> Signup and view all the answers

What does constitutionalism mainly refer to?

<p>Limits on government powers and protection of human rights (D)</p> Signup and view all the answers

Which of the following classifications of constitutions allows for easier amendments?

<p>Flexible constitutions (D)</p> Signup and view all the answers

The term 'administrative law' is best associated with which of the following?

<p>Facilitating the appropriate use of executive powers (B)</p> Signup and view all the answers

What is a key characteristic of the UK Constitution?

<p>It is an uncodified constitution. (D)</p> Signup and view all the answers

What does parliamentary sovereignty imply about the UK Parliament?

<p>It can make or unmake any law. (A)</p> Signup and view all the answers

What is one advantage of having an uncodified constitution?

<p>It is easy to change with a simple majority. (D)</p> Signup and view all the answers

What is the main role of accountability in the context of the UK government?

<p>Requiring the government to explain and justify its actions. (B)</p> Signup and view all the answers

What defines the political constitution model in the UK?

<p>Focus on political understandings rather than legal rules. (B)</p> Signup and view all the answers

Which aspect reflects a disadvantage of an uncodified constitution?

<p>It may allow amendments to occur with a narrow majority. (C)</p> Signup and view all the answers

How has the approach to the constitution shifted recently in the UK?

<p>From a political to a legal constitution. (B)</p> Signup and view all the answers

What does the concept of legal constitutionalism focus on?

<p>Legal processes and judicial systems for constitutional protection. (C)</p> Signup and view all the answers

Flashcards

Public Law (1st sense)

Law related to the state's interaction with citizens, like criminal, environmental, housing, or tax law.

Public Law (2nd sense)

Constitutional and administrative law, focusing on government structure and the limits of its power.

Constitutional Law

Rules governing government structure (legislature, executive, judiciary) and their relationships, along with citizens' rights.

Administrative Law

Laws regulating and enabling the proper use of executive and administrative power.

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Constitution

Most important rules regulating government parts, and their relationships with citizens.

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Codified Constitution

A constitution written down in a single document, like a book.

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Uncodified Constitution

A constitution not written in one document; a mix of laws, conventions, etc.

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Constitutionalism

Limits on government power and protection of individual rights, stemming from the constitution.

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UK Constitution: Codified or Uncodified?

The UK's Constitution is uncodified, meaning it's not written in a single document but spread across various sources like statutes, conventions, and judicial precedents.

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Parliament's Power: What can it do?

Parliamentary sovereignty means Parliament can legally make or unmake any law. It holds supreme power.

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Flexibility of the UK Constitution

The UK Constitution is flexible because it can be easily amended through ordinary legislation, unlike some constitutions where changes are more difficult.

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Constitutional Conventions

These are unwritten rules based on tradition and precedent that are followed by government officials, even though they have no legal force.

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Accountability: Keeping the Government in Check

Accountability means making the government explain and justify its actions and correct any wrongdoing. It ensures they are responsible to the people.

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Legal vs. Political Constitutionalism

Historically, the UK was more of a political constitution, relying on unwritten agreements between institutions. But it's moving towards a legal constitution where laws enforce constitutional principles.

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Moving Towards a Legal Constitution

The UK is shifting from a political constitution to a legal constitution, meaning courts are increasingly involved in protecting and enforcing constitutional principles.

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Parliamentary Sovereignty & the Executive Government

While Parliament holds supreme power, the government (executive) holds significant day-to-day power. Accountability mechanisms ensure the executive doesn't abuse its power.

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Study Notes

Public Law I - Sources of Power

  • Public law is the relationship between the state and the individual.
  • This includes criminal law, environmental law, housing law, and tax law.
  • Public law also includes constitutional and administrative law.

What is Constitutional Law?

  • Constitutional law defines the structure and rules of government.
  • It outlines the powers of the legislature, executive, and judiciary, and their limitations.
  • It explains the relationship between government institutions.
  • It covers the relationship between the individual (citizen) and the state.

What is Administrative Law?

  • Administrative law controls and facilitates the appropriate use of executive and administrative power.
  • It sets out laws to control the executive and administrative branches of government.
  • This includes administrative justice processes, tribunals, and ombudsmen, ensuring accountability.
  • It also includes judicial review.

What is a Constitution?

  • Defines the most important rules governing relations among different parts of the government and between the government and the people.
  • A constitution creates state institutions.
  • It regulates the relationships between government institutions and citizens they govern.
  • It outlines the idea of constitutionalism. This means limits on government power.
  • It also ensures protection of human rights.

Classifying Constitutions

  • Codified/Uncodified: This refers to whether a constitution is written or unwritten. Examples of uncodified constitutions are the UK, Israel, and New Zealand. Codified constitutions are written.

  • Flexibility: Refers to rigidity vs. flexibility. A rigid constitution has a more difficult amendment process than a flexible one.

  • Legal/Political: This criteria considers who has the ultimate say and accountability mechanisms. This is about the source of power in the government.

  • Ideological: This classification refers to a constitution's philosophy (e.g.; Liberal, Socialist, Authoritarian).

  • Formal/Material: Distinguishes between the written document itself as the only source of the constitution versus implied constitutional norms that together form the constitution.

  • Sham Consitutions: This refers to a constitution that appears to protect rights, but isn't actually enforced practically.

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Description

This quiz covers essential topics in Public Law, including constitutional and administrative law, and the interactions between the state and individuals. It explores the structure of government, the powers of different branches, and the principles of accountability within the legal system.

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