Public Law I - Sources of Power PDF
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Uploaded by LustrousMistletoe
University of Dundee
Dr Tarik Olcay
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Summary
This document provides lecture notes on Public Law. It discusses the concepts of constitutions, constitutional law, and different classifications. It also includes learning objectives, definitions, and explanations of key terms, such as the roles of legislature, executive, and judiciary.
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PUBLIC LAW I – SOURCES OF POWER Constitutions and Constitutional Law Dr Tarik Olcay University of Dundee Week I LEARNING OBJECTIVES Describe the subject-matter of public law Explain the functions of a constitution Identif...
PUBLIC LAW I – SOURCES OF POWER Constitutions and Constitutional Law Dr Tarik Olcay University of Dundee Week I LEARNING OBJECTIVES Describe the subject-matter of public law Explain the functions of a constitution Identify the different classifications of constitutions WHAT IS PUBLIC LAW? 1st sense: the law involving the relationship between the state and the individual e.g. criminal law, environmental law, housing law, tax law 2nd sense: constitutional and administrative law WHAT IS PUBLIC LAW? What is constitutional law about? Public Law I – Sources of Power The structure and rules of government (legislature, executive, judiciary) Relationship of government institutions and the limits within which they can lawfully act The relationship between the individual (citizen) and the state What is administrative law about? Public Law II – Controls on Power Sets out laws controlling and facilitating the appropriate use of executive and administrative power Administrative justice (Tribunals, Ombudsmen) Judicial review WHAT IS A CONSTITUTION? A definition (picked from a plethora of definitions): “A constitution is the set of the most important rules that regulate the relations among the different parts of the government of a given country and also the relations between the different parts of the government and the people of the country.” – Anthony King What is the constitution for? A constitution’s function is that it creates the institutions of the state regulates the relations between those institutions regulates the relations between those institutions and the people (citizens) they govern. ‘constitutionalism’ limits on government protection of human rights A constitution creates powers and limits those powers CL ASSIFYING CONSTITUTIONS codified / uncodified (written / unwritten) uncodified: UK, Israel, and New Zealand CL ASSIFYING CONSTITUTIONS flexibility: rigid / flexible Source: York Daily Record website amendment difficulty – a rigid constitution cannot be amended in the same way that ordinary laws are passed or amended, there are more difficult procedures to amend it. CL ASSIFYING CONSTITUTIONS legal / political who has the ultimate say & accountability mechanisms Source: parliament.uk Source: The Telegraph CL ASSIFYING CONSTITUTIONS Ideological: liberal / socialist / authoritarian etc. Source: cgtn.com Source: Law & Liberty Source: Wikipedia CL ASSIFYING CONSTITUTIONS Also: formal / material ‘sham constitutions’
