Public Law Sources in the UK

Sources of Public Law

• The UK has an unwritten constitution, derived from various sources, including constitutional conventions, royal prerogatives, and key statutes.
• The main sources of public law include the constitution, legislation, common law, European Union law, the European Convention on Human Rights (ECHR), and international law.
• The UK's constitution defines the limits of government power and protects individual rights.
• The separation of powers is a crucial constitutional principle, dividing power between Parliament (legislative), the Executive (executive), and the Courts (judicial).

The UK Parliament

• The UK Parliament is the supreme legislative body in the UK.
• It's composed of two houses: the House of Commons and the House of Lords.
• The House of Lords has fewer powers than the House of Commons but plays a vital role in revising legislation.
• The Monarch is the ceremonial head of state.

Prime Ministerial Government

• The Prime Minister leads the government of the day and is the leader of the political party with a majority in the House of Commons.
• The Prime Minister appoints various Secretary of State and Ministers to specific government departments.
• A parliamentary government derives legitimacy and authority from the legislature and is accountable to it.
• The government must maintain the confidence of the majority of the members of parliament to remain in power.

Collective Ministerial Responsibility

• This principle holds that government ministers must present a united front in public even if they have differing private views.
• Ministers who disagree with government policy are expected to resign.
• Collective ministerial responsibility applies to members of the cabinet and all other ministers.

Administrative Justice

• Parliament has established mechanisms for people to challenge government actions.
• This includes tribunals and ombudsmen, known as 'administrative justice'.
• Ombudsmen investigate complaints against public bodies or specific private sectors.
• Key UK ombudsmen include:
  • Parliamentary and Health Service Ombudsman (PHSO)
  • Local Government and Social Care Ombudsman (LGSCO)
  • Financial Ombudsman Service (FOS)
  • Legal Ombudsman
  • Housing Ombudsman

Judicial Independence

• This principle protects judges from political interference.
• Judges are appointed through an independent appointment process, not by government ministers.
• They make their decisions based on evidence and legal arguments, without fear or favor.

Administrative Law

• Administrative law ensures that the government follows the rule of law in practice.
• Judicial review allows courts to review the legality of government decisions and policy.
• The courts apply legal principles: legality, procedural fairness, reasonableness, proportionality, and human rights.

Human Rights

• The UK has two main human rights documents:
  • The European Convention on Human Rights (ECHR), which sets out fundamental rights.
  • The Human Rights Act 1998, which incorporates the ECHR into UK law.

Explore the key components of public law in the UK, including the unwritten constitution, legislative frameworks, and the separation of powers. This quiz will also cover the structure and function of the UK Parliament and the role of the Prime Minister in government. Test your knowledge on how these elements interact within the legal system.