Introduction to Public Law.pptx

INTRODUCTION TO PUBLIC LAW The UK Constitution  UK CONSTITUTION What is a Constitution? What is the function of a Constitution? A Written Constitution An Unwritten Constitution Should the UK Codify its constitution? Arguments For and Against Codification ...

INTRODUCTION TO PUBLIC LAW The UK Constitution  UK CONSTITUTION What is a Constitution? What is the function of a Constitution? A Written Constitution An Unwritten Constitution Should the UK Codify its constitution? Arguments For and Against Codification  CONVENTIONS What is a Convention? Why are they important in the UK Constitution? Differences Between Laws and Conventions Examples of Conventions relating to the Legislature, Executive & Judiciary The Approach of the Courts Should Conventions be Codified?  KING CHARLES 111 CORONATION MAY 2023 Constitutional Conventions were followed during the recent Coronation  SEPARATION OF POWERS The meaning of Separation of Powers Why we need to adhere to this doctrine How it works in the UK The Legislature, the Executive & The Judiciary The Separation & The Overlaps The need for Checks and Balances  THE RULE OF LAW The meaning of the Rule of Law The importance of the Rule of Law Different versions of the rule of law How is it enforced in the UK Constitution? The practical manifestation of the Rule of Law The Importance of Judicial Review  Consider : What will happen if society does not respect the Rule of Law?  Ask : What is the importance of the Rule of Law in everyday life ?  PARLIAMENTARY SUPREMACY What does Parliamentary Supremacy mean? Why is it important? The main characteristic of the UK Constitution Are there any Limitations or Challenges on Parliament’s Supremacy? Different types of Limitations Political & Legal Limitations  A.V.DICEY ON PARLIAMENTARY SOVEREIGNTY Consider : Do Dicey’s views have contemporary relevance in the UK today ?  MODERN CHALLENGES TO PARLIAMENTARY SUPREMACY The Acts of Union with Scotland & Ireland Devolution The Human Rights Act 1998 Membership of the European Union (EU) Exit from the EU (Brexit) EU REFERENDUM RESULTS (JUNE 2016) BREXIT  DEVOLUTION What does Devolution mean? Power Sharing Westminster Parliament devolves Legislative Power To Scotland, Wales, Northern Ireland – SA 98; GWA 98; NIA 98 Can Westminster Parliament still make law for devolved nations? The Sewel Convention THE FOUR NATIONS OF THE UK RECENT SUPREME COURT DECISION (2022) Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 UKSC 31 Consider : Can the Scottish Parliament enact legislation calling for a Referendum on Scottish Independence?  PREROGATIVE POWERS What is a Prerogative Power? Contemporary Relevance ? Why and how are these powers controlled? Statutory Control Judicial Control Recent Developments : Miller No.1 (2017) & Miller No.2 (2019) (on PM’s Powers)  PARLIAMENT How is law made? The process how a Bill becomes an Act of Parliament Scrutiny of Bills – How? Scrutiny of the Executive – How? The Role & Function of both Houses of Parliament The House of Commons (Elected) & the House of Lords (Unelected) THE HOUSE OF COMMONS THE HOUSE OF LORDS MINISTERIAL RESPONSIBILITY Meaning and Importance of MR The Need for Transparency and Accountability in Government Collective Ministerial Responsibility Individual Ministerial Responsibility Methods of Ensuring Accountability Resignation of Ministers – is this an Effective Method? PARLIAMENT IN SITTING  BORIS JOHNSON RESIGNS (JULY 2022) Consider : The Need for Accountability in Government. Why is it Important?  LEGISLATION What is Primary Legislation? What is Delegated Legislation? What are the Differences between the two ? Why is Parliamentary Scrutiny of Legislation important? The importance of the House of Lords as a Checks & Balance Mechanism  THE HOUSE OF LORDS Upper House of Parliament Unelected Body The Strengths & Weaknesses of an Unelected Body Undemocratic? The Need for Reform But How?  THE HOUSE OF LORDS Consider : Should the House of Lords be Reformed?  THE HUMAN RIGHTS ACT The Enactment of the HRA 1998 The Importance of the European Convention of Human Rights What Rights are/are not protected? The Statutory Interpretation Duty – s.3 HRA The Declaration of Incompatability – s.4 HRA The Need for Reform ? THE HUMAN RIGHTS ACT 1998  THE IMPORTANCE OF HUMAN RIGHTS Consider : Should the HRA 1998 be reformed? How?  JUDICIAL REVIEW Judicial review is about reviewing the legality of the decision making process It goes to the heart of the Rule of Law The Application & Procedure for JR Filtering Process Locus Standi : Sufficient Interest Case law and Approach of the Courts  GROUNDS OF JUDICIAL REVIEW Illegality Irrationality Procedural Impropriety Proportionality  Remedies in Judicial Review Quashing Order Prohibiting Order Mandatory Order Declaration Injunction Damages THANK YOU