Public Law Sources in the UK

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Questions and Answers

Which of the following is NOT considered a source of public law in the UK?

Private Law (correct)

Delegated Legislation

The Constitution

Common Law

What characterizes the UK constitution?

It is primarily based on statutory law.

It is unwritten and derived from multiple sources. (correct)

It is a codified document.

It is a rigid constitution that cannot be changed.

Which of the following documents is considered a key statute in the UK?

The Parliament Act

The Act of Settlement

The Magna Carta (correct)

The Treaty of Versailles

What role do constitutional conventions play in the UK legal system?

They guide the operation of political institutions. Signup and view all the answers

Which of the following describes the nature of delegated legislation?

Legislation made by other bodies as authorized by Parliament. Signup and view all the answers

What is a characteristic of common law in the UK?

It primarily results from judicial decisions. Signup and view all the answers

Which principle is NOT explicitly stated in the UK constitution?

Universal suffrage Signup and view all the answers

What does judicial review allow courts to do?

Assess the legality of governmental actions. Signup and view all the answers

What must a government in a parliamentary system maintain to stay in power?

Confidence of the majority in the House of Commons. Signup and view all the answers

What is the relationship between the executive branch and the legislature in a parliamentary system?

The executive derives its authority from the legislature. Signup and view all the answers

What happens if a Minister cannot publicly defend government policy under collective ministerial responsibility?

They should resign. Signup and view all the answers

What is the status of EU law in the UK after Brexit?

EU law remains part of UK law as 'retained EU law'. Signup and view all the answers

Which branch does the UK government not need to have a majority in to govern?

House of Lords. Signup and view all the answers

What is the primary role of the UK Parliament?

To represent the people and scrutinize the government. Signup and view all the answers

What is the primary role of the Prime Minister in the government?

To lead the government of the day. Signup and view all the answers

What does collective ministerial responsibility entail?

Ministers can express opinions privately but must unite publicly. Signup and view all the answers

Which model of government structure does the UK operate under?

Separation of powers among executive, legislative, and judicial branches. Signup and view all the answers

Under which act is the European Convention on Human Rights incorporated into UK law?

Human Rights Act 1998. Signup and view all the answers

What mechanism does Parliament have to challenge the government?

Tribunals and ombudsmen. Signup and view all the answers

How can someone become Prime Minister without winning a general election?

By being the leader of the majority political party. Signup and view all the answers

Which of the following branches is responsible for implementing and enforcing laws in the UK?

The Executive. Signup and view all the answers

What limits the influence of international law on UK domestic law?

The Parliament's approval through an Act. Signup and view all the answers

What is the distinction between the House of Commons and the House of Lords?

The House of Commons is elected while the House of Lords is unelected. Signup and view all the answers

Which highest court interprets and applies the law in the UK?

Supreme Court. Signup and view all the answers

What is the primary purpose of judicial review in administrative law?

To ensure government decisions comply with legality. Signup and view all the answers

Which principle of judicial review requires that government decisions are made through fair procedures?

Procedural fairness Signup and view all the answers

Under which document are human rights further enforced in UK law?

Human Rights Act 1988 Signup and view all the answers

What does the principle of proportionality relate to in terms of judicial review?

The reasonableness of restrictions on human rights. Signup and view all the answers

Which of the following is NOT a fundamental human right protected by the European Convention on Human Rights?

Right to education Signup and view all the answers

What type of complaints does the Parliamentary and Health Service Ombudsman investigate?

Complaints about UK government departments and NHS services Signup and view all the answers

Which ombudsman specifically deals with issues in the legal services sector?

Legal Ombudsman Signup and view all the answers

What is one of the primary roles of ombudsmen in the UK?

To investigate complaints impartially and recommend remedies Signup and view all the answers

What type of organization does the Financial Ombudsman Service operate within?

Financial services providers such as banks and insurers Signup and view all the answers

Which ombudsman deals with complaints about housing associations and local authority landlords?

Housing Ombudsman Signup and view all the answers

What mechanism do ombudsmen provide for citizens needing to resolve issues?

Alternative dispute resolution to avoid court proceedings Signup and view all the answers

How are judges appointed in the UK to ensure judicial independence?

Through an independent appointment process Signup and view all the answers

What is the statutory duty of the government regarding the judiciary?

To uphold the independence of the judiciary Signup and view all the answers

Study Notes

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.

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Description

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.