Public Law I - week 1

Podcast

Play an AI-generated podcast conversation about this lesson

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To serve as a historical document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?

The regulation of private business interactions Signup and view all the answers

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

United Kingdom Signup and view all the answers

What does constitutionalism mainly refer to?

Limits on government powers and protection of human rights Signup and view all the answers

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

Flexible constitutions Signup and view all the answers

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

Facilitating the appropriate use of executive powers Signup and view all the answers

What is a key characteristic of the UK Constitution?

It is an uncodified constitution. Signup and view all the answers

What does parliamentary sovereignty imply about the UK Parliament?

It can make or unmake any law. Signup and view all the answers

What is one advantage of having an uncodified constitution?

It is easy to change with a simple majority. Signup and view all the answers

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

Requiring the government to explain and justify its actions. Signup and view all the answers

What defines the political constitution model in the UK?

Focus on political understandings rather than legal rules. Signup and view all the answers

Which aspect reflects a disadvantage of an uncodified constitution?

It may allow amendments to occur with a narrow majority. Signup and view all the answers

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

From a political to a legal constitution. Signup and view all the answers

What does the concept of legal constitutionalism focus on?

Legal processes and judicial systems for constitutional protection. Signup and view all the answers

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.