Week 1: Constitutional Law

Laws must be consistent with the highest law of the land.

A court that checks if laws are compatible with the constitution.

The right to be free from arbitrary arrest and detention.

The right to a private life.

Using excessive force by police without reasonable suspicion.

A fundamental principle in public law stating that everyone, including those in power, is subject to the law and accountable for their actions.

The system of laws and principles that govern the organization and functioning of a state.

The system of government where the head of state is a monarch, but their powers are limited by a constitution and elected representatives.

A system of government where the central government holds the most power and authority, with limited autonomy for regional or local bodies.

A constitution that is not written down in a single document, but rather derived from various sources, including common law, statutes, and conventions.

A constitution that can be easily amended or changed through ordinary legislative processes.

A constitution that is not easily amended or changed, requiring special procedures or a majority vote.

The branch of government responsible for creating and enacting laws.

The branch of government responsible for enforcing the laws and carrying out the policies of the state.

The branch of government responsible for interpreting the law and ensuring it is applied fairly.

The body of law established through judicial decisions and precedents.

The process by which courts review the actions of government to ensure they are consistent with the law and the constitution.

The duty of government to be accountable for its actions to the public and to Parliament.

The principle that public officials should be unbiased and impartial in their decision-making and actions.

The right to life, liberty, and security of person, as well as other fundamental freedoms, such as freedom of speech and association.

Parliament is the highest legal authority in the UK, capable of making any law without limitation.

Parliament has the power to legislate on any subject, including those usually controlled by devolved governments.

Parliament's power is both legally binding and politically influential.

The courts can enforce Parliament's laws, but they cannot question the validity of the laws themselves.

The UK does not have a single, written constitution like many countries - its constitution is derived from various sources.

The UK's constitution is constantly evolving, with new laws being made and old ones being changed.

The Parliament Acts of 1911 and 1949 allow the House of Commons to bypass the House of Lords in certain situations.

The principle of parliamentary sovereignty means that the courts cannot strike down laws passed by Parliament.

The power of Parliament to make or change any law it chooses, even if it goes against previous laws.

The idea that laws made by Parliament are binding on all, including the courts, and can be challenged only through political means, not legal ones.

The source of Parliament's authority is the will of the people, as it is elected to represent them.

The separation of powers ensures that judges interpret the law, while Parliament creates it.

The practice of respecting informal agreements and traditions, even if not legally binding.

An example of a convention acknowledging that Westminster should not legislate on devolved matters without consent from the devolved institutions.

The extent to which Parliament operates independently from the government.

The government's majority in the House of Commons can limit the effectiveness of parliamentary scrutiny.

MPs holding ministerial positions can create a conflict of interest, as they balance loyalty to the government and their parliamentary role.

Parliamentary committees oversee government actions and expenditures, providing a platform for scrutinizing policies and decisions.

The government must seek Parliament's approval for legislation and significant policy decisions.

The convention of ministers publicly supporting government decisions, even if they personally disagree.

The separation of the legislative and executive branches provides a mechanism for holding the government accountable.

The process of making certain laws or principles very difficult to change, often through special rules requiring large majorities or public votes.

Entrenchment that is enforced through formal constitutional provisions, requiring specific procedures for amendments.

Entrenchment based on unwritten political norms and agreements, relying on the consensus and commitment of political actors.

Laws are superior to others based on their origin or purpose, such as those enshrining fundamental rights and freedoms or setting out the framework of government.

Laws that establish the fundamental principles of governance, define the powers of various branches of government, and protect citizens' rights.

Laws that provide more detailed regulations and are passed by the legislature on a regular basis.

Laws that address specific areas of public policy and may be passed to implement the provisions of constitutional acts.

Laws that establish and regulate procedures for amending the constitution, often requiring higher thresholds than for ordinary laws.

Supreme Court decisions that interpret the constitution and have a binding effect on other courts, potentially establishing new principles of constitutional law.

The principle that the decisions of higher courts are binding on lower courts, ensuring consistency in legal interpretations.

This case established that some Acts of Parliament are so fundamental that they cannot be implicitly repealed by subsequent legislation.

This case reaffirmed that certain statutes are critical to the legal system and should not be easily undermined by subsequent legislation. It emphasized safeguarding constitutional rights.

The idea that the Human Rights Act 1998, incorporating the ECHR into domestic law, has implications for parliamentary supremacy.

A legal system where judges have a vested interest in adhering to past decisions (precedents), influencing future judgements.

The European Convention on Human Rights (ECHR) is an international treaty that protects fundamental human rights in Europe.

The Human Rights Act 1998 incorporates the ECHR into UK domestic law, giving UK courts the power to interpret domestic legislation in line with ECHR rights.

The process where courts interpret legislation to ensure compliance with the ECHR, which can potentially limit Parliament's power.

The HRA has led to a shift in the balance of power between Parliament and the courts, as courts have a greater role in protecting human rights.

The HRA has raised debates about the degree to which it limits the supremacy of Parliament, as courts now have greater power to challenge legislation conflicting with human rights.

The HRA ensures that the UK is accountable for its actions in upholding human rights standards under the ECHR.

The Human Rights Act 1998 has significantly influenced the UK legal system by incorporating international human rights standards and enhancing judicial review, leading to a more nuanced understanding of parliamentary sovereignty.

The Human Rights Act (HRA) 1998 is a piece of UK legislation that incorporates the European Convention on Human Rights (ECHR) into domestic law.

The HRA grants individuals the right to seek legal redress for human rights violations in UK courts.

Section 6 of the HRA requires all public authorities, including Parliament, to comply with the ECHR.

Section 3 of the HRA obliges courts to interpret legislation in a way that upholds ECHR rights, where possible.

The 'Factortame' case demonstrates how courts can intervene, even against Parliament, to uphold ECHR obligations.

In the 'Smith' case, the Supreme Court confirmed that Parliament must legislate in a way that respects ECHR rights.

Section 4 of the HRA allows courts to issue a 'declaration of incompatibility' when legislation breaches the ECHR.

The 'A and others' case saw a declaration of incompatibility for the indefinite detention of foreign nationals without trial.

The HRA has significantly changed the UK's constitutional landscape by incorporating human rights into domestic law.

The HRA empowers the judiciary to review legislation and ensure compliance with human rights, challenging traditional parliamentary supremacy.

Key cases like 'Factortame' and 'Smith' demonstrate that courts can act to protect individual rights even against Parliament's actions.

Declarations of incompatibility highlight the courts' role in ensuring legislation aligns with human rights standards.

While Parliament remains supreme, the HRA has introduced important checks and balances to protect individual rights.

The HRA reflects the evolution of the UK's constitutional framework towards a more human rights-focused legal environment.