LAW1106 DBI Module Handbook PDF

Public Law LAW1106 Module Coordinator in Dubai: Dr Daphne Demetriou Semester 2, 2024-25 [Duration of the module: 12 weeks] Document Version [i] Online location of handbook This handbook can also be accessed online via MyLearning. Other formats available This handbook is available in a large print format for students with any disability. If you would like a large print copy or have other requirements for the handbook, please contact CampusCentral via our AskMDX service: https://askmdx.mdx.ac.ae We can supply sections from this publication as: a Word document with enlarged type — sent by email printed copy with enlarged type printed copy on non-white paper Other formats may be possible. We will do our best to respond promptly. To help us, please be as specific as you can about the information you require and include details of your disability. Disclaimer The material in this handbook is as accurate as possible at the date of production. You will be notified of any minor changes promptly. If there are any major changes to the module, you will be consulted prior to the changes being confirmed. Please check the version number on the front page of this handbook to ensure that you are using the most accurate information. Other documents Your module handbook should be read and used alongside your programme handbook and the information available to all students on MyLearning and MyMDX, including the Academic Regulations. Your programme handbook can be found on the My Learning programme page for your course. The Dubai Campus Guide can be found at www.mdx.ac.ae/life-at- university/campus-guide Module Handbook | LAW1106 Public Law page | 2 Table of Contents Table of Contents................................................................................................. 3 The module teaching team................................................................................... 8 Communication with the teaching team.............................................................. 9 MyMDX App and Web Portal................................................................................ 9 MDX Dubai App and Web Portal........................................................................ 10 Module overview................................................................................................ 10 Module Narrative................................................................................................ 10 Aims 10 Learning outcomes.............................................................................................................. 11 Syllabus............................................................................................................................... 11 Seminars................................................................................................ 12 Research Ethics................................................................................................................ 12 Learning resources............................................................................................ 13 Textbook.............................................................................................................................. 13 Text, Cases and Materials.................................................................................................. 13 Recommended Reading..................................................................................................... 13 Statutes Book...................................................................................................................... 14 Expectations of studying this module............................................................... 17 Attendance and Engagement.......................................................................................... 17 Professional behaviour.................................................................................................... 18 Laptops, Mobile phones and other devices................................................................... 19 Recording of Lectures...................................................................................................... 19 Academic Integrity and Misconduct............................................................................... 20 Extenuating Circumstances............................................................................................. 21 Assessment........................................................................................................ 22 Formative assessment..................................................................................................... 22 Summative assessment................................................................................................... 23 Late Submission............................................................................................................... 25 Assessment support for students of determination..................................................... 25 Feedback on your assignments...................................................................................... 25 How is your assignment mark agreed?.......................................................................... 26 Results Confirmation........................................................................................................ 26 Anonymous Marking Assessment Policy...................................................................... 27 1. Learning Planner.......................................................................................... 28 9. University 20-point Scale............................................................................. 32 Week 1: Nature, History and Sources of the UK Constitution.................................... 33 1.1 What is Constitutional Law?......................................................................................... 33 1.2 Differences between written and unwritten constitutions............................................. 34 1.3 Scope of constitutional law........................................................................................... 35 1.4 Main features of constitutions in general...................................................................... 36 1.5 Constitutional Reform................................................................................................... 40 History and Sources of the UK Constitution............................................................. 42 Module Handbook | LAW1106 Public Law page | 3 1.6 Historical background to the United Kingdom constitution........................................... 42 1.7 Specific characteristics of the United Kingdom constitution........................................ 43 1.8 Sources of the UK Constitution..................................................................................... 45 1.8.1 Acts of Parliament.......................................................................... 45 1.8.2 Common Law................................................................................. 46 1.8.3 Custom.......................................................................................... 47 1.8.4 International Law............................................................................ 47 1.8.5 Books of authority........................................................................... 48 1.8.6 Constitutional Conventions............................................................. 48 Week 2: Parliament and Parliamentary Supremacy.................................................. 52 2.1 Parliament of the United Kingdom of Great Britain and Northern Ireland.................... 52 2.1.1 Functions....................................................................................... 52 2.1.2 Composition of Parliament.............................................................. 54 2.1.3 Parliamentary Constituencies.......................................................... 54 2.1.4 Qualifications for Voting.................................................................. 54 2.1.5 The Electoral System....................................................................... 55 2.1.6 Proposals for Reform...................................................................... 56 2.1.7 Conduct of Elections....................................................................... 57 2.1.8 Eligibility to Sit in the House of Commons......................................... 57 2.2 Proceedings of the House of Commons....................................................................... 58 2.2.1 Question Time................................................................................ 58 2.2.2 Legislation...................................................................................... 61 2.3 Finance.......................................................................................................................... 63 2.3.1 General Principles.......................................................................... 63 2.3.2 Expenditure.................................................................................... 63 2.3.3 Revenue......................................................................................... 65 Parliamentary Supremacy...................................................................................... 66 2.4 The United Kingdom: A Unitary State........................................................................... 66 2.4.1 Wales............................................................................................ 66 2.4.2 Scotland........................................................................................ 66 2.4.3 Northern Ireland............................................................................. 66 2.5 Devolution..................................................................................................................... 67 2.5.1 Scotland........................................................................................ 67 2.5.2 Wales............................................................................................ 69 2.6 Parliamentary Supremacy............................................................................................ 71 2.6.1 The Meaning of the Doctrine............................................................ 71 2.6.2 The Source of the Doctrine.............................................................. 72 2.6.4 Human Rights Act 1998................................................................... 76 2.6.5 Can Parliament Bind Itself?............................................................. 76 2.6.6 An Assessment............................................................................... 80 2.7 Local Government......................................................................................................... 81 2.7.1 Why do we have Local Government?................................................ 81 Module Handbook | LAW1106 Public Law page | 4 2.7.2 A Brief History of Local Government................................................. 82 2.7.3 Functions of Local Government....................................................... 83 2.7.4 The Central / Local Government Relationship................................... 85 2.7.5 Localism – Extending the General Competency of Local Government. 86 Week 3: Separation of Powers and the Rule of Law.................................................. 89 3.1 Separation of powers.................................................................................................... 89 3.1.1 Meaning......................................................................................... 89 3.1.2 Mixture of powers........................................................................... 91 3.1.3 Checks and Balances...................................................................... 92 3.1.4 No Monopoly of Powers................................................................... 92 3.1.5 Where there is Separation of Powers................................................ 93 3.1.6 Summary....................................................................................... 94 3.2 The rule of law............................................................................................................... 95 3.2.1 Meaning......................................................................................... 95 3.2.2 Rule of Law in the UK....................................................................... 97 3.2.3 A.V. Dicey and the Rule of Law......................................................... 97 3.2.4 The ‘Rule of Law’ Today................................................................... 98 Week 4: The Executive and the Prerogative............................................................ 103 4.1 The Monarchy............................................................................................................. 103 4.2 The Royal Prerogative................................................................................................ 105 4.2.1 Definition..................................................................................... 105 4.2.2 Government Prerogatives.............................................................. 105 4.2.3 The Personal Prerogatives of the Monarch...................................... 107 4.2.4 Prerogative and the Common Law.................................................. 107 4.2.5 Prerogative and Statute Law.......................................................... 111 4.2.6 Prerogative and Foreign Relations.................................................. 112 4.2.7 Reform of the Prerogative Powers................................................... 113 4.3 The Cabinet................................................................................................................. 114 4.3.1 Origins and Nature........................................................................ 114 4.4 The Prime Minister...................................................................................................... 115 4.4.1. Responsibilities of the Prime Minister............................................ 116 4.4.2. Prime Minister and Cabinet........................................................... 116 4.4.3. Comment.................................................................................... 117 4.5 Government Departments.......................................................................................... 118 4.6 The Lord Chancellor................................................................................................... 119 4.7 The Civil Service......................................................................................................... 119 Week 5: Human Rights Act 1998 (i)....................................................................... 122 5.1 Introduction.................................................................................................................. 122 5.2 The Debate on the Human Rights Act........................................................................ 123 5.3 The HRA and Convention Rights............................................................................... 124 5.4 Excluded Articles......................................................................................................... 125 5.5 Excluded Protocols..................................................................................................... 125 5.6 Other Limitations......................................................................................................... 125 Module Handbook | LAW1106 Public Law page | 5 5.7 Interpretation............................................................................................................... 126 5.8 Statements of Compatibility........................................................................................ 127 5.9 Declarations of Incompatibility.................................................................................... 127 5.10 Fast Track Procedure............................................................................................... 129 Week 6: Human Rights Act 1998 (ii)....................................................................... 131 6.1 Obligations of Public Authorities................................................................................. 131 6.2 Defining Public Authorities.......................................................................................... 131 6.3 Victims and Standing.................................................................................................. 133 6.4 Time Limits.................................................................................................................. 134 6.5 Procedure and Remedies........................................................................................... 134 6.6 Remedies.................................................................................................................... 135 6.7 Effect of Human Rights Act on Private Law............................................................... 135 6.8 Privacy......................................................................................................................... 137 6.9 The UK Courts and the Human Rights Act................................................................. 138 Week 7: Freedom of Association and Assembly: An Overview................................. 142 7.1 Introduction.................................................................................................................. 142 7.2 Freedom of Association.............................................................................................. 144 7.3 Freedom of Assembly................................................................................................. 144 7.3.1 Public Meetings............................................................................ 145 7.3.2 Public Meetings in Private Places................................................... 146 7.3.3 Public Meetings in Public Places.................................................... 146 7.3.4 Public Meetings on the Highway..................................................... 147 7.3.5 Picketing...................................................................................... 148 7.3.6 Public Assemblies........................................................................ 148 7.3.7 Aggravated Trespass and Trespassory Assembly............................. 150 7.3.8 Public Processions....................................................................... 151 7.3.9 Removing Trespassers from Land................................................... 154 Freedom of Association and Assembly: Public Order............................................. 156 7.4.1 The Public Order Act 1986...................................................................................... 156 7.4.2 Section 1: Riot.............................................................................. 156 7.4.3 Section 2: Violent Disorder............................................................ 157 7.4.4 Section 3: Affray............................................................................ 158 7.4.5 Part IIIA: Hatred against Persons on Religious Grounds or Grounds of Sexual Orientation................................................................................ 159 7.4.6 Section 4: Fear or provocation of violence....................................... 159 7.4.7 Section 4A: Intentional Harassment, Alarm or Distress.................... 160 7.4.8 Section 5: Harassment, Alarm, Distress......................................... 161 7.5 Preventive Justice....................................................................................................... 162 7.5.1 Breach of the Peace...................................................................... 162 7.5.2 Binding Over................................................................................. 163 7.5.3 Obstruction of the Police............................................................... 163 7.6 Conclusion................................................................................................................... 165 Unit 8: Police Powers........................................................................................... 168 8.1 Police Powers of Stop and search, arrest and detention........................................... 168 Module Handbook | LAW1106 Public Law page | 6 8.2 Police Powers and Individual Freedom...................................................................... 169 8.2.1 Stop and Search Powers................................................................ 169 8.2.2 Public Order Act 2023................................................................... 171 8.2.3 Arrest........................................................................................... 173 8.3. Aspects of Arrest........................................................................................................ 177 8.3.1 ‘Reasonable Grounds for Suspecting’............................................. 177 8.3.2 Use of Force to Effect an Arrest...................................................... 178 8.3.3 Reasons for Arrest........................................................................ 178 8.3.4 Detention for Questioning Before an Arrest..................................... 180 8.4. After arrest.................................................................................................................. 182 8.5 Questioning of Suspects in Police Detention............................................................. 183 8.5.1 Questioning of Suspects and the Right to Legal Advice.................... 183 8.5.2 Exclusion of Evidence................................................................... 185 8.5.3 Improperly Obtained Evidence Other than Confessions................... 189 Week 9: Judicial Review (i).................................................................................... 192 9.1 Introduction to Administrative Law.............................................................................. 192 9.1.1 The Role of Administrative Law...................................................... 192 9.1.2 What is judicial review?................................................................. 193 9.1.3 Constitutional Theory and Judicial Review...................................... 193 9.2 Procedure for Judicial Review.................................................................................... 194 9.2.1 Introduction: Key Sources............................................................. 194 9.2.2 Requirements for Judicial Review Procedure................................... 194 Unit 10: Judicial Review (ii)................................................................................... 204 10.1 Introduction............................................................................................................... 204 10.2 Grounds for Judicial Review: The GCHQ case........................................................ 205 10.3 Illegality..................................................................................................................... 206 10.3.1 Ultra Vires.................................................................................. 206 10.3.2 Abuse and Misuse of Discretion................................................... 207 10.3.3 Breach of Human Rights Act 1998................................................ 208 10.4 Irrationality................................................................................................................. 209 10.5 Procedural Impropriety.............................................................................................. 209 10.5.1 Procedural Illegality.................................................................... 209 10.5.2 Breach of the Rules of Natural Justice........................................... 210 10.5.3 Legitimate Expectations.............................................................. 213 10.5.4 Duty to Give Reasons.................................................................. 214 10.6. Proportionality.......................................................................................................... 214 Appendix 1: Study skills, health and well-being...................................................... 218 Appendix 2: How to improve your use of language.................................................. 220 Appendix 3: Why am I still here?........................................................................... 222 Module Handbook | LAW1106 Public Law page | 7 Welcome Dear Student, I warmly welcome you to the study of Public Law. This module provides an introduction to the constitution of the United Kingdom and the law that governs the administration of the state. This handbook provides you with information about the module, including the lecture and seminar programme, the assessment regime, teaching staff and learning resources. You can also find information and resources on the module space on MyUniHub. The handbook contains basic contents for each lecture and questions for each seminar as well as information on further reading and links to internet sources where applicable. You are expected to use your handbook and the information given for each lecture to prepare for your lectures. The seminar questions follow the lectures and will be discussed in the seminars. You are expected to prepare the seminar questions in the handbook before attending your seminars. Please bring your handbook to lectures and seminars. Your handbook should also be used as a starting point for preparing for your assessments. Thank you for your participation. Yours sincerely, Bethany Shiner Dubai Module Coordinator: Dr Daphne Demetriou- [email protected] The module teaching team Please see below the details of the teaching team for this module. Module coordinator and lecturer: Dr Daphne Demetriou Room number: Block 15, Floor 1 Email: [email protected] Office hours: TBC Module Handbook | LAW1106 Public Law page | 8 Seminar tutor: Alia El-Abiary Room number: Block 15, Floor 1 Email: [email protected] Office hours: TBC Du Seminar tutor: Simran Kalvani Room number: Block 15, Floor 1 Email: [email protected] Office hours: TBC Seminar tutor: Deena Bhoyroo Room number: [email protected] Email: TBC Office hours: Law Liaison Librarian Abigail Cruz Office number: Library, Block 15, 3rd Floor Email: [email protected] Communication with the teaching team The module leader will send urgent and/or individual messages about the module to you by email, so it is important that you read your Middlesex University email regularly. MyMDX App and Web Portal MyMDX is Middlesex University's official and free student mobile and desktop application that allows students to manage their learning online. You will need to log-in via your @live.mdx.ac.uk credentials. MyMDX was developed in collaboration with students to make sure they get the most out of their studies at the University. Through MyMDX, students have access to online enrolment, research materials, teaching materials, their personal information record, and grades and assessment decisions. You should seek the assistance of the IT Office ([email protected]) if you have trouble logging in. If you have a financial hold on your student record, you will be able log in to the MyMDX portal (deadlines apply), but links to other systems will be disabled until the financial hold is removed (please see link: https://www.mdx.ac.ae/studentfinance/student-finance-regulations). Module Handbook | LAW1106 Public Law page | 9 Getting MyMDX is easy Go to App Store >> Search for ‘MyMDX’ >> Install (accept T&C’s) >> Log in with Middlesex University Student IT User ID (@live.mdx.ac.uk) and Password. Web app users can download MyMDX here: https://mymdx.mdx.ac.uk Available on iOS and Android software and as a Web App To find out more you can: Visit the Example page (please note that you need to be logged in to MyMDX for direct links to work) Search ‘Example’ in MyMDX. You should seek the assistance of the IT Office if you have trouble logging in. If you do not find your Modules showing on the MyMDX, please contact our Campus Central team or raise a support request via AskMDX (https://askmdx.mdx.ac.ae). MDX Dubai App and Web Portal MDX Dubai is a dedicated space that provides you with the key information and resources you will need as a Middlesex University Dubai student. You will need to log-in via your @studentmdx.ac credentials. Here you will find a key information about your weekly timetable for learning, attendance, what’s happening on campus and events, live updates about all things Middlesex Dubai, the student helpdesk AskMDX (https://askmdx.mdx.ac.ae), and MDX social accounts. Getting MDX Dubai is easy To access MDX Dubai on your browser, use the link below to log in with your ‘Campus User Account’ details. Your Campus User Account Email ID looks like this: [email protected]. You can access the MDX Central – Student Portal on your internet browser via this link: https://mdxcentral.mdx.ac.ae To access the MDX Dubai mobile app, search for and download ‘MDX Dubai’ via the Play Store for Android and the App Store for iOS. Download the user guides for the MDX Dubai Student Portal and MDX Dubai mobile app for further information about how to use each platform. Module overview Module Narrative Aims To examine general principles of the UK Constitution and the organisation and powers of the State; Module Handbook | LAW1106 Public Law page | 10 To develop awareness of the law and practice relating to the control and administration of the UK State; and To consider critically the protection afforded to civil liberties and the law relating to human rights in the UK. Learning outcomes Knowledge: On completion of this module, the successful student will be able to demonstrate knowledge and understanding of: 1. The main principles of constitutional and administrative law in the UK; 2. The subject in its historical and comparative context, including key themes and developments of contemporary significance; and 3. The operation of constitutional, administrative and human rights law in particular situations. Skills: This module will call for the successful student to: 4. Demonstrate the ability to handle relevant materials and to assimilate essential issues; 5. Identify legal problems, and apply appropriate knowledge and skills to suggested solutions; and 6. Employ digital literacy skills to find and utilise relevant sources in the field of public law to analyse in writing issues relating to the development of constitutional and administrative law in the UK.. Syllabus The idea of a constitution Sources of UK constitutional law The rule of law, separation of powers and parliamentary supremacy The executive, prerogative powers, structure and accountability The functions of Parliament Impact of the European Convention on Human Rights and the Human Rights Act 1998 The UK constitution and the European Union Freedom of association and assembly Police powers and accountability Judicial review Attendance at lectures is mandatory. It is within the discretion of the module leader/lecturer to set aside times within the lecture period for students to ask questions on the subject matter of Module Handbook | LAW1106 Public Law page | 11 the lecture. The lectures will start punctually. Students are asked to attend on time out of courtesy to others and so that we are able to cover the required material. Seminars The seminar questions can be found at the end of each unit of the handbook. There will be weekly assigned reading for each seminar and a number of questions will be set. Preparation should be undertaken in advance of each seminar. All students will be expected to participate in group discussions and/or give short presentations to the rest of the group. Attendance at seminars is required. From time to time seminar questions may be supplemented by further instructions in the lecture, in particular in relation to fresh developments of constitutional significance. Research Ethics The teaching, learning, assessment and research activities undertaken in this module have been considered and are not likely to require ethical approval. However, please seek advice if undertaking the module entails carrying out any research activities involving human participants, human data, animals/animal products, precious artefacts, materials or data systems or social media. If you submit work that includes data gathered from or about people, this may be treated as academic misconduct and could lead to fail grade being awarded. Research ethics approval seeks to ensure all research is designed and undertaken according to certain principles of ethical research. These include: 1. Primary concern must be given to the safety, welfare and dignity of participants, researchers, colleagues, the environment and the wider community 2. Consideration of risks should be undertaken before research commences with the aim of minimising risks to those involved – i.e. human participants or animal subjects, colleagues, the environment and the wider community, as well as actual or potential risks to those directly or indirectly affected by the research. 3. Informed consent should be freely given by participants, and only by a trained person when collecting or analysing human tissue. 4. Respect for the privacy, confidentiality and anonymity of participants 5. Consideration of the rights of people who may be vulnerable (by virtue of perceived or actual differences in their age, social status, ethnic origin, gender, mental capacities, or other such characteristics) who may be less competent or able to refuse to give consent to participate 6. For participants below the age of 18, parental consent must be obtained prior to the study. 7. Researchers have a responsibility to the general public and to their profession; as such they should balance the anticipated benefits of their research against potential harm, misuse or abuse which must be avoided 8. Researchers must demonstrate the highest standards of ethical conduct and research integrity. They must work within the limits of their skills, training and experience, and refrain from exploitation, dishonesty, plagiarism, infringement of intellectual property rights and the fabrication of research results. They should Module Handbook | LAW1106 Public Law page | 12 declare any actual or potential conflicts of interest, and where necessary take steps to resolve them. 9. When using human tissues for research, the UK’s Human Tissue Act and Human Tissue Authority (HTA) requirements must be met. Please contact the relevant designated person (DP) in your department or the HTA Designated Individual (DI). 10. Research should not involve any illegal activity, and researchers must comply with all relevant laws You can apply for research ethical approval using the Middlesex University Dubai Ethics Form. The relevant forms, templates and guidance on the approval process can be obtained from the module folder on MyMDX. Your module coordinator can provide further guidance. Additionally, documents can be found through the following link https://bit.ly/35Zp7MZ Learning resources Textbook Mark Elliott and Robert Thomas, Public Law, 5th edition (OUP, 2024) Text, Cases and Materials Lisa Webley and Harriet Samuels, Complete Public Law: Text, Cases and Materials, 5th edition (Oxford University Press, 2021) Recommended Reading Michael Doherty, Public Law, 3rd edition (Routledge, 2023) John Alder and Keith Syrett, Constitutional and Administrative Law, 12th edition (Palgrave, 2021) Hilaire Barnett, Constitutional and Administrative Law, 15th edition (Routledge, 2023) Andrew Blick, Stretching the Constitution: The Brexit Shock in Historic Perspective (Bloomsbury, 2019) A.W. Bradley, K.D. Ewing and C. Knight, Constitutional and Administrative Law, 18th edition (Pearson 2022) Alex Carroll, Constitutional and Administrative Law, 10th edition (Pearson, 2021) Helen Fenwick and Richard Edwards, Fenwick on Civil Liberties and Human Rights 5th edition (Taylor & Francis, 2017) Steve Foster, Human Rights and Civil Liberties, 3rd edition (Longman, 2011) David Hoffman and John Rowe, Human Rights in the UK: An Introduction to the Human Rights Act 1998 (Pearson, 2013) Geoffrey Marshall, Constitutional Conventions (Oxford University Press, 1987) Module Handbook | LAW1106 Public Law page | 13 Roger Masterman and Colin Murray, Exploring Constitutional and Administrative Law, 3rd edition (Pearson, 2022) John Wadham, Helen Mountfield, Elizabeth Prochaska, and Raj Desai Blackstone’s Guide to the Human Rights Act 1998 (Oxford University Press, 2015) Mark Elliott, Jack Williams and Alison Young, The UK Constitution After Miller: Brexit and Beyond (Hart, 2018) Satvinder Juss and Maurice Sunkin, Landmark Cases in Public Law (Hart, 2017) Nadine El-Enany, Bordering Britain: Law, Race and Empire (Manchester University Press, 2020). It is recommended that you bookmark the following link to the online reading list for Public Law: https://mdx.keylinks.org/new-ui/hierarchy/list/9918?searchTerm=public%20law The online reading list includes all of the books referenced above along with others for each area of the Public Law syllabus. Statutes Book It is useful to have a public law statutes book. The following is recommended: Blackstone's Statutes on Public Law & Human Rights (32nd edition, OUP, 2022). For a 20% discount on this (and other OUP books), order through the Oxford University Press website and use the promotional code 'WEBXSTU90'. Module Handbook | LAW1106 Public Law page | 14 For guidance on how to use your statutes book, visit the OUP ancillary resource centre here: https://oup-arc.com/access/statutes. Included on this page is a guide to reading and interpreting statutes by Justice Philip Sales. The website also includes advice on how to cope with and use your statutes book in exams. As statutes are the most important source in the UK legal system, it is recommended that you have your statutes book with you when participating in lectures, seminars and workshops for Public Law. Module Handbook | LAW1106 Public Law page | 15 Useful Websites Below is a list of sites which may be of use to you throughout the module. Public Law for Everyone: http://publiclawforeveryone.com/ UKCLA Blog: http://ukconstitutionallaw.org/blog Ministry of Justice: http://www.justice.gov.uk/ BAILII: http://www.bailii.org/ Parliamentary and Health Service Ombudsman: https://www.ombudsman.org.uk/ House of Commons and the House of Lords: http://www.parliament.uk/ Law reports (summaries): http://www.iclr.co.uk/ The Guardian: http://www.theguardian.com/law UK Human Rights Blog: http://ukhumanrightsblog.com/ EachOther: https://eachother.org.uk/ (formerly RightsInfo.org) Further Reading Please note that the nature of the subject requires you to read widely (including broadsheet newspapers such the Guardian, the Independent and the Financial Times), to keep up to date with contemporary developments. Journals which include academic commentary on such developments include Public Law, Modern Law Review and New Law Journal. For general guidance on law and legal research click here: http://libguides.mdx.ac.uk/c.php?g=322065 (https://goo.gl/ZuyxTa). Recommended Databases You have access to a wide range of databases through Unihub, including Westlaw, the Lexis Library and HeinOnline. It is important that you learn how to use these, in particular for looking up cases and journal articles. For further guidance, contact the Law Librarian, Mr Alan Wheeler. His email address is [email protected]. Web-Based Module Materials Additional materials to support your learning for Public Law (including a copy of this module handbook) are available on UniHub. You should check the UniHub site for this module regularly. Module Handbook | LAW1106 Public Law page | 16 Expectations of studying this module Attendance and Engagement The University’s formal regulations about attendance are located in (section C2 in the ‘University Regulations’ section available here: https://www.mdx.ac.uk/about-us/policies. The main points are: You should attend and engage with all scheduled classes and prescribed activities. Studies have shown that a good student engagement has a positive impact on performance and therefore is an important factor in helping you to fulfil your academic potential. In addition, for those who are on student visas, Dubai’s regulatory authorities require attendance to be monitored. Your lecturers will maintain attendance records during scheduled teaching sessions using the MDX Dubai App. You are expected to follow any guidelines and instructions provided for proper recording of your attendance for your learning sessions. The MDX Dubai App (available on iOS and Android) allows students to register their attendance at timetabled classes with a click of a button. All you need to do is: 1. Connect to the internet using the #mdxDUBAI Wi-Fi network 2. Open your MDX Dubai App 3. Log-in via your Campus User ID ([email protected]) and password 4. Ensure that you have given permission to the MDX Dubai App to access your smartphone’s location and camera settings 5. Find the correct module and timetabled class via the Calendar 6. When the tutor puts up the class QR code, use the scanner provided within the MDX App to scan the QR code. 7. You will get an automated notification onscreen within the App saying your attendance has been recorded Middlesex University Dubai supports students, enabling them to achieve their full potential. We provide this support through a number of strategies, all of which provide our students with a supportive learning environment. Online support material on MyMDX is provided as a guide to the content of the class but is no substitute for interaction with your tutor and classmates. In accordance with University Regulation C2.1 for taught programmes of study, it is the responsibility of students to attend scheduled classes and prescribed activities for the modules on which they are registered. Further information on engaging with your programme will be available at your Induction. If you experience difficulties beyond your control, which prevents you from engaging with your module, you should notify your tutor and CampusCentral, who may be able to offer support and guidance. Module Handbook | LAW1106 Public Law page | 17 Professional behaviour The programme of study you are undertaking is underpinned by developing professional behaviour and attitude. You are expected to behave in a professional, supportive manner to your peers and teachers – and the same applies to your anyone the University comes in contact with related to your study. The Student Code of Conduct and Discipline Rules are available here: www.mdx.ac.ae/about-us/university-regulations/student-conduct-and-discipline-rules. You must come to sessions prepared and ready to contribute where appropriate. Please remember that when you are on campus, your University Student ID should be carried with you always and you must be able to identify yourself if asked to do so. You must also comply with community health precautions, and other health and safety protocols. Please conduct your email communication with fellow students, tutors and all relevant staff in a formal and courteous manner. Unacceptable Behaviours in Face-to-Face Interactions Aggressive or abusive behaviour, including shouting, bullying behaviour, physical violence, rudeness, and making threats, inappropriate gestures, or indecent comments Persistently interrupting or disrupting learning activities and events Engaging in antisocial behaviour that impacts others Making derogatory or discriminatory remarks about others Using offensive language or engaging in personal verbal attacks Discussing sensitive matters in public settings Making unsupported claims that the University or individual staff have committed criminal, corrupt, biased or perverse conduct without any evidence Demanding that staff set aside or make exceptions to University regulations Demanding responses within an unreasonable timescale or insisting on seeing specific staff members when not feasible Refusing to accept outcomes or solutions offered or repeatedly seeking further explanations without new information or evidence Actions to be taken by the University or Staff Highlight the unacceptable behaviour(s) and explain why and what effect it is having Pause or end the discussion or interaction if the unacceptable behaviour remains persistent In serious cases, ask for removal of individuals from University facilities and report the incident to relevant Dubai authorities Restrict personal contact and require communication via email or written channels and/or through third parties Referral to appropriate disciplinary procedures For more information, refer to the Middlesex University Dubai Regulations: www.mdx.ac.ae/about-us/university-regulations/ Module Handbook | LAW1106 Public Law page | 18 Laptops, Mobile phones and other devices There are many advantages of using technology in higher education as long as we are able to address the associated challenges. You are encouraged to use your laptops, mobile phones, tablets and other communication devices as part of learning activities and for some sessions, your tutor may even require them. You must ensure that your devices do not disrupt your learning or that of other students or your tutors. Unless you are using technology together with your tutor as part of a learning activity, all mobile phones and other communication devices must be switched to airplane mode or put on silent settings. Calls, texts and social media activities should be avoided during the taught session unless agreed with the tutor before the start of the session. Disruptive use of devices during class can lead to students being asked to leave classes or other learning activities and face disciplinary action. Recording of Lectures As per section C16 of Middlesex University Regulations unauthorised audio recording, video recording or photography of lectures, or other forms of learning activities by students, is prohibited. Limited recording by students may be permitted under exceptional circumstances only (for example, for an individual student as a “reasonable adjustment”, within the meaning of the UK’s Equalities Act), upon explicit permission provided by the tutor and, where appropriate, by everyone else involved. Permission for recording does not imply permission for publication (e.g. on Facebook, YouTube, or other Social Media), or distribution to others. Unauthorised recording of such activities violates the privacy of persons involved, may infringe on copyrights and intellectual property rights of others and can be intrusive and disruptive in a learning environment. In all cases, violation of this regulation will be managed under the student disciplinary procedures. In addition to a violation of University Regulations, unauthorised recordings may expose students to other unintended consequences, as per UAE law. The United Arab Emirates has several laws (for example, Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes) for the protection of privacy and reputation and defamation. Some of the acts that could amount to a criminal offence are: possessing on an electronic device a photo taken without the subject’s consent posting other people's pictures or videos online or on social media (including WhatsApp) without their consent tagging a person without their consent threatening or insulting people online spreading information via social media, that is not verified by the official sources gossiping about people or maligning them. Further guidance is available within the University Regulations and via the Quality Office ([email protected]). Module Handbook | LAW1106 Public Law page | 19 Academic Integrity and Misconduct Academic Integrity is a set of principles and values to show that you work in a professional, honest and ethical way. Academic misconduct is a breach of the values of academic integrity. It can occur when a student cheats in an assessment or attempts to deliberately mislead an examiner that the work presented is their own when it is not. Academic misconduct is a corrosive force in the university’s academic life; it jeopardises the quality of education and devalues the degrees and qualifications of the University. It includes, but is not limited to, plagiarism, self-plagiarism, commissioning or buying work from a third party or copying the work of others, unauthorised use of Generative Artificial Intelligence (Gen AI) tools and breach of examination rules. Students who attempt to gain an unfair advantage over others through academic misconduct will be penalised by sanctions according to the severity of the offence, which can include exclusion from the University. Taking unfair advantage over other students in assessment is considered a serious offence by the University. Action will be taken against any student who contravenes the regulations through negligence, foolishness or deliberate intent. Academic misconduct takes several forms, in particular: Plagiarism – using extensive unacknowledged quotations from, or direct copying of, another person’s work and presenting it for assessment as if it were your own effort. This includes the use of third party essay writing services. Collusion – working with other students (without the tutor’s permission) and presenting similar or identical work for assessment. Infringement of Exam Room Rules – Communication with another candidate, taking notes to your table in the exam room and/or referring to notes during the examination. Self-Plagiarism – including any material which is identical or substantially similar to material that has already been submitted by you for another assessment in the University or elsewhere. Purchasing or Commissioning - attempting to purchase or purchasing work for an assessment including, for example from the internet, or attempting to commission, or commissioning someone else to complete an assessment. Essay mills are now illegal entities, and use of them is facilitating an illegal activity. Unauthorised use of Generative Artificial Intelligence (Gen AI) - You cannot use Generative AI tools in your assessments unless specified by the module leader. Where the use of Generative AI is allowed you must provide as a minimum Written acknowledgment of the use of generative artificial intelligence, the extent of use, and how generated materials were used. Descriptions of how the information was generated (including the prompts used). Where generated material has not been adapted, citing and referencing using closest source types in the relevant referencing style (e.g. “artificial intelligence” or “non-recoverable Module Handbook | LAW1106 Public Law page | 20 sources”). Appropriate use of Artificial Intelligence (AI) is detailed in the assessment requirements grid in section 8.0 Assessments Links to the relevant University Regulations and additional support resources can be found here: Section F: Academic Integrity and Misconduct: https://www.mdx.ac.uk/__data/assets/pdf_file/0030/490539/Academic-Integrity-and- Misconduct.pdf Referencing & Plagiarism: Suspected of plagiarism? http://libguides.mdx.ac.uk/c.php?g=322119&p=2155601 Referencing and avoiding plagiarism: https://mymdx.mdx.ac.uk/study/writing-numeracy/awl-resources/writing Student Success Essentials (an online self-study course available via MyLearning) includes useful information about how to approach your assessments and complete them with honesty. The course also describes what plagiarism (cheating) is and how to avoid it, so you don’t face any disciplinary action. For successfully completing this course, you will be awarded Digital- Credentials and a certificate that will verify the knowledge you have gained. Digital-Credentials can be shared and promoted via LinkedIn and other digital channels. Access to course: You will have to log into to MyMDX and then MyLearning to access the course Full details on academic integrity and misconduct and the support available can be found at Academic Integrity | MyMDX(mdx.ac.uk) as well as on the Campus Guide at www.mdx.ac.ae/life-at-university/campus-guide. Our Library and the Centre for Academic Success (CAS) runs workshops and clinics to help you learn how to avoid plagiarism and how to reference correctly. To get support and guidance on academic writing techniques that meet our expectations of Academic Integrity, please contact a staff member in CAS ([email protected]). Extenuating Circumstances There may be difficult circumstances in your life that affect your ability to meet an assessment deadline or affect your performance in an assessment. These are known as Extenuating Circumstances or ‘ECs’. Extenuating Circumstances are exceptional, seriously adverse and outside of your control. As a student, it's your responsibility to let the University know about any extenuating circumstances that have affected your work at the time they occur. You can request a deferral of assessment to the next assessment period, or your circumstances can be taken into account by the Programme Assessment Board when making its progression/finalist decision. If you are requesting a deferral of an assessment, you should submit an application by the deadline for completion of the assessment. If you are unable to do this, evidence must be provided which Module Handbook | LAW1106 Public Law page | 21 demonstrates the reason for not being able to meet the deadline, in addition to the evidence for the claim. Extenuating Circumstances can only be requested for summative assessment, not for formative assessment. For example, only for assessment that counts towards your overall module grade. You MUST provide evidence/supporting statement with any request for extenuating circumstances to be considered (except in cases of self-certification*) for a deferral to the next assessment opportunity, or for Extenuating Circumstances to be noted at the Programme Assessment board. *Self-certification can only be used when an extenuating circumstance has affected you for period of 7 days or less, i.e. a short illness that occurs at the point of assessment submission. You can apply for the following outcomes due to your Extenuating Circumstances. Please note the outcome of any Extenuating Circumstances application may be different from what has been requested: Deferral Your circumstances have impacted on your ability to sit your exam or complete and/or submit your assessment. You are requesting an opportunity to sit the exam or submit the work at the next assessment opportunity ECs noted for the board only Your circumstances may have affected your performance on other assessments for one or more modules and, although you have sat the exam or submitted the assessments, you wish the Programme Assessment Board to be aware of this in case there is a borderline decision to be made regarding your progression/finalist decision. Deferral & ECs noted for the Board Your circumstances have impacted on your ability to sit your exam or complete and/or submit your assessment. You are requesting an opportunity to sit the exam or submit the work at the next assessment opportunity. There could be progression (i.e. additional year(s) of study), financial (tuition fees and scholarships) and student visa implications as a result of deferring your assessment. For more information on how to apply for Extenuating Circumstances, please check the Assessment tile in MyMDX or contact CampusCentral via AskMDX (https://askmdx.mdx.ac.ae) Assessment Formative assessment Formative assessments help show you and us that you are learning and understanding the material covered in this course and allow us to monitor your progress towards achieving the learning outcomes for the module. Although formative assessments do not directly contribute to Module Handbook | LAW1106 Public Law page | 22 the overall module mark, they do provide an important opportunity to receive feedback on your learning. Formative assessment Deadline MCQ test Week 5- during seminars Coursework Week 9- tutors will review work during seminars Summative assessment Summative assessment is used to check the level of learning on the course. It is summative because it is based on accumulated learning during the course. The point is to ensure that students have met the learning outcomes for the course and are at the appropriate level. It is the summative assessment that determines the grade that you are awarded for the module. There are 2 assessment components in this module. The table below specifies the associated deadlines: Summative Weighting Deadline Feedback assessment MCQ test 25% Week 6 Automatic plus feedback in week 6 seminars Coursework 75% 15 April 2025- LOCAL 15 May 2025 time The online MCQ test will last 45 minutes and will be done in Week 6. The assessment will constitute 25% of the total marks for the module and will consist of 12 multiple choice questions. All questions must be answered by students selecting the correct answer out of the available options. The coursework assessment will be due at the end of the Spring term. This will constitute 75% of the total marks for the module and will be no more than 3,000 words in length. Module Handbook | LAW1106 Public Law page | 23 The MCQ test and coursework will count for 100% of the total marks for the module. The online MCQ test will be worth 25% and the coursework will be worth 75%. Before you submit your work for final grading, please ensure that you have accurately referenced the work. It is your responsibility to check spelling and grammar as all written assessments will assess technical proficiency in English. This means accurate and effective spelling, punctuation and grammar. Details of how it will be assessed will be provided in the marking criteria for each assessment and the University overall approach can be found within the Grade Criteria Guide in the University Regulations https://www.mdx.ac.uk/about-us/policies (scroll to university regulations) Reasonable adjustments will be made for those students who have a declared disability/specific learning condition which would affect performance in this area. If you have submitted a formative or draft assessment, you will receive feedback but no grade. The comments should inform you about how well you have done or tell you about the areas for improvement. All assignments should be submitted online unless specified in the assessment briefs. Reassessment for this module normally takes place in the following way: If students fail the module (fail grades are 17, 18, 19, 20 with an overall mark between 0% and 39%) they are eligible for a re-sit. Students will be re-examined in the assessed component(s), which they have failed (please note that this can be a different assessment task). Information on what element to re-sit will be made available on the module’s MyMDX site approximately two weeks after the module results have been published on MyMDX. Reassessment will take place in June/July/August. Normally you would be entitled to only one reassessment opportunity if you don’t pass at first attempt. Middlesex University is committed to being fair in its approach to assessing student learning following the UK Quality Code for Higher Education (Quality Code) (2024)) and the UK Quality Code - Advice and Guidance: Assessment (2018) and External Expertise (2018). The Module Handbook | LAW1106 Public Law page | 24 Assessment Fairness guidance, policies and procedures put in place by Middlesex University is our commitment to ensure fairness in assessment. Further information is available at https://mymdx.mdx.ac.uk/study/assessment/ assessment-regulations-guide If you have any queries or would like to know more on how this approach has been applied to modules you are studying, please contact your Campus Programme Coordinator. Late Submission Students must submit each component of assessment by the deadline set by the Module Leader. Non-submission of work by the deadline will result in failure in the component concerned (grade 20), unless students make an application and subsequently permission has been granted under the Extenuating Circumstances Policy (https://www.mdx.ac.uk/media/middlesex-university/about-us-pdfs/academic-quality/final_- _policy_and_procedures_for_extenuating_circumstance_24-25.pdf) for an approved deferral of assessment to the next available opportunity. For individual written coursework only, late submission of up to 24 hours from the deadline is permissible, however, the grade for the component is reduced by 10% or equivalent (or less where this would reduce a pass grade below 40%). Students should take into consideration the impact this will have on their deadline schedule and their final grades before selecting this option. Assessment support for students of determination Students who have declared special needs or learning differences or an ongoing medical condition may contact the Inclusion Counsellor in the Centre for Academic Success. This will set out the reasonable additional support that will be put in place by the University to assist that student’s learning and assessment. It is the student’s responsibility to make arrangements and follow the procedures set by the Centre of Academic Success in order for reasonable adjustments to be put in place. This may include the option to take up to 5 calendar days late submission on individual written coursework without having a grade reduction. Check the Middlesex University’s Policy and Procedures for Extenuating Circumstances Claims 2024- 2025:https://www.mdx.ac.uk/media/middlesex-university/about-us-pdfs/academic-quality/final_- _policy_and_procedures_for_extenuating_circumstance_24-25.pdf Feedback on your assignments You will be provided with feedback on all coursework that is helpful and informative, consistent with aiding the learning and development process. The nature of the feedback shall be determined at programme level but may take a variety of forms including: written comments; individual and group tutorial feedback; peer feedback; or other forms of effective and efficient feedback. Module Handbook | LAW1106 Public Law page | 25 If you have been asked to and have submitted a formative or draft assessment, you will receive feedback but no grade. The comments should inform you about how well you have done or tell you about the areas for improvement. All assignments should be submitted online unless specified in assessment briefs. Feedback on summative assessments will normally be provided within 15 working days of the published submission date. How is your assignment mark agreed? External Examiners (external academic experts) review what we deliver at a programme level. The University reviews a sample of your work to quality assure the grades and feedback you received from the person who marked your work. Our External Examiners will sample a selection of modules from a programme, with more focus of outcomes between modules within a programme. The following diagram provides an overview of the marking process for your module assessment. Further information on the role of external examiners can be found at. https://www.mdx.ac.uk/about-us/policies/academic-quality/handbook (section 4). Results Confirmation First Semester | Provisional Grades: At the end of your first semester, you can see your module grades in the ‘Grades and Progress’ tile within MyMDX. These grades are provisional and not yet confirmed. Second Semester | Final Grades and Progression: After your second semester, the Programme Assessment Board will confirm your grades. Then, your final module results, progression status, or finalist classification will be posted in the ‘Grades and Progress’ tile within MyMDX. For help or more information: University Guide: Find detailed information in the Grades and Progress tile within MyMDX. Module Handbook | LAW1106 Public Law page | 26 Support Team: Ask your Programme team or reach out to CampusCentral for advice. Regulations: Check the University regulations for more details. Anonymous Marking Assessment Policy An anonymous marking policy has been created in response to student feedback. Anonymous marking ensures that your identity (your name, student number and other personal/identifiable information) is not made available to academics when they are marking your work. This means that you can have confidence that your assessments will be marked fairly and consistently. However, there are some forms of assessment for which anonymity cannot be guaranteed and these are recognised in the policy. Therefore, anonymous marking will not apply to learning activities and assessments that do not contribute to your final grades (i.e. formative assessments). If you require further information and support to understand how anonymous marking works in your programme modules please contact the Module Leader for more information. The Anonymous Marking Assessment Policy is available at: https://www.mdx.ac.uk/__data/assets/pdf_file/0037/563599/anonymous-marking-assessment- policy.pdf Module Handbook | LAW1106 Public Law page | 27 1. Learning Planner Week Date Lecture Seminar 1 20 Lect1: Nature of the UK 1. Public Law in the news January Constitution 2. Class discussion/Group work Lect2: History and Sources of the UK Constitution 2 27 Lect3: Parliament 3. Nature of the UK Constitution January 4. History and Sources of the UK Constitution Lect4: Parliamentary Supremacy 3 3 Lect5: Separation of 5. Parliament February powers 6. Parliamentary Supremacy Module Handbook | LAW1106 Public Law page | 28 Lect6: The Rule of law 4 10 Lect7: The Executive and 7. Separation of Powers and the February the prerogative rule of law 8. Case Presentations Lect8: Revision on MCQ 5 17 Lect 9: Civil liberties February 9. MCQ formative Lect10: Human Rights Act (i) 10. The Executive and the prerogative 6 24 MCQ Exam 11. HRA (i) February 12. Feedback on MCQ AND Lect12: Human Rights Act (ii) Module Handbook | LAW1106 Public Law page | 29 7 3 March Lect13: Freedom of 13. Human Rights Act (ii) Association assembly 14. Debate Lect14: Public Order Act 8 10 March Lect15: Police Powers (i) 15. Freedom of Association 16. Public Order Lect16: Police Powers (ii) 9 17 March Lecture 17: Judicial 17. Police (i) Review (i) 18. Formative coursework- in class planning and drafting Lecture 18: Judicial Review (ii) 10 24 March Revision 19. Police (ii) 20. Judicial Review 11 31 March Revision 21. Coursework support 22. Coursework support Module Handbook | LAW1106 Public Law page | 30 12 7 April Coursework support 23. Coursework support 24. Coursework support Module Handbook | LAW1106 Public Law page | 31 9. University 20-point Scale General 20-point General scale Percentage used for scale scale (full ranges) aggregation purposes only 1 80% - 100% 79.50% - 100% 90% 2 76% - 79% 75.50% - 79.49% 77.5% 3 73% - 75% 72.50% - 75.49% 74% 4 70% - 72% 69.50% - 72.49% 71% 5 67% - 69% 66.50% - 69.49% 68% 6 65% - 66% 64.50% - 66.49% 65.5% 7 62% - 64% 61.50% - 64.49% 63% 8 60% - 61% 59.50% - 61.49% 60.5% 9 57% - 59% 56.50% - 59.49% 58% 10 55% - 56% 54.50% - 56.49% 55.5% 11 52% - 54% 51.50% - 54.49% 53% 12 50% - 51% 49.50% - 51.49% 50.5% 13 47% - 49% 46.50% - 49.49% 48% 14 45% - 46% 44.50% - 46.49% 45.5% 15 42% - 44% 41.50% - 44.49% 43% 16 40% - 41% 39.50% - 41.49% 40.5% 17 35% - 39% 34.50% - 39.49% 37% 18 30% - 34% 29.50% - 34.49% 32% 19 0% - 29% 0.01% - 29.49% 15% Non- 0% (non-submission of a 20 0% participation component) Unit 1: Introduction to Constitutional Law 32 Week 1: Nature, History and Sources of the UK Constitution The first unit of this module outlines the principles and main features of the United Kingdom constitution, and take a detailed at the history, sources and some key themes of it. Objectives Upon completion of week 1 you should be able to: Identify the main features of a constitution Understand key principles of constitutional law Identify historical developments that have shaped the UK constitution Specify the main legal sources of the UK constitution Explain the non-legal sources of the UK constitution Reading Material and Resources Core Text Mark Elliott and Robert Thomas, Public Law, 5th edition (OUP, 2024), Chapters 1, 2 and 3. Other Reading Barnett: Chapters 1 and 2 Alder: Chapters 1, 3, 4 and 5 1.1 What is Constitutional Law? Constitutional law, together with the associated subject of Administrative law, is concerned with those general principles of law which relate to our system of government. More specifically, it is concerned with: The relationship between the various different branches of the State The rules which regulate the functioning of government The relationship between state bodies and the individual citizen Accordingly, Constitutional Law is the most fundamental law or set of rules for the State. Constitutional Law lays down the rules which regulate the institutions of the state, including Parliament, the Government and the Judiciary. Unit 1: Introduction to Constitutional Law 33 However, in the United Kingdom there is no formal written document known as the Constitution, as there is in the United States of America, Germany, France and most other states. As a consequence of this, the boundaries of constitutional law in the United Kingdom have never been fully defined. A key feature of the UK Constitution is that it is not contained in one single document or set of documents. Accordingly, it is often referred to as an ‘unwritten’ constitution. Although the word ‘unwritten’ is commonly used to highlight this important characteristic, it would be more accurate to describe the constitution as ‘uncodified’. Activity What are the advantages and disadvantages of a constitution which is easily changed? On the advantages and disadvantages of written and unwritten constitutions see: Alder chapter 1, section 1.4. 1.2 Differences between written and unwritten constitutions Common features of a written or codified constitution include: The existence of a founding document or a key Act; A reference to some power which is above the system itself: In liberal democracies this is the people. For example, the preamble to the United States Constitution refers to ‘We, the people’; The entrenchment of the provisions contained in the constitution: Provisions that are entrenched can only be changed by way of a special procedure. By contrast, in the United Kingdom any law can be amended or repealed by a majority vote in Parliament. There is no concept of entrenchment in the UK constitution. A Supreme Court which scrutinises the constitutionality of legislation: For example, the US Supreme Court can overrule any legislation in breach of the constitution. The UK Supreme Court has no such power. A bill of rights listing fundamental rights of citizens. Activity Unit 1: Introduction to Constitutional Law 34 Click on the following and browse the Constitutions there. Select a country of your own choice and read its Constitution. Then identify and write down some of the key values that you find in the Constitution. www.constituteproject.org 1.3 Scope of constitutional law The United Kingdom comprises England, Wales, Scotland and Northern Ireland. Its formal legal name is the United Kingdom of Great Britain and Northern Ireland. Unlike the majority of other countries, the United Kingdom has no comprehensive written document or set of documents that might be said to be the constitution. However, there is a framework of rules defining: the functions and composition of the institutions of government; the interrelationship of these institutions; and the rights and duties of the individual citizen. These rules define the distribution of power among the institutions of the state and may be said to contain all the elements of a constitution. Analysis of the British constitution has been much influenced by the work of A.V. Dicey, the nineteenth-century constitutional lawyer whose best-known work An Introduction to the Study of the Law of the Constitution was published in 1885. Dicey referred to three ‘guiding principles’ of the constitution: Parliamentary sovereignty The rule of law Constitutional conventions Unit 1: Introduction to Constitutional Law 35 In the absence of a ‘written’ constitution, the boundaries of UK constitutional law have never been satisfactorily defined. As a discipline, it has important links with other subjects such as politics, public policy, and the administration of government. Bearing in mind that the constitution provides authority for government, it is important to keep well informed of political developments. The United Kingdom has a constitution which is governed partly by rules of law (including those provided for by Acts of Parliament), and partly by non-legal rules (such as constitutional conventions). Dicey argued that this outcome resulted from the essentially pragmatic approach of the British. The reason why the UK constitution is not formulated in any one document - or set of documents - is historical. The origins of the UK constitution lie in the battles between King and Parliament in the seventeenth century. At that time, it was not fashionable to draft constitutions in formal documents. The English Revolution occurred over a century before the French Revolution (1789-1799). The French have drafted and redrafted their constitution a number of times since (following a process of development similar to most other nation states). Today, there is a growing body of opinion which suggests some of the weaknesses and failings of modern Britain are due to the lack of a ‘written’ constitution. It has been argued that the present system is unsatisfactory because there are no clear limits to governmental power. The non-governmental organisation Unlock Democracy has in the past raised concerns about the potential that exists for the abuse of power by government ministers. A report published by the NGO in June 2017 states: The decision to leave the EU has left the UK’s uncodified constitution creaking and under strain. Brexit highlights the lack of constitutional safeguards against the overreach of executive power. So many of the checks and balances we rely on to protect our democracy are insufficient or not legally binding. Our ancient constitution contains relics from the past, giving the executive dangerous powers not suitable for a modern democracy. We are on the brink of a constitutional crisis. 1 Some critics of our current constitutional arrangements point to a lack of understanding by UK citizens of their constitution, and the lack of clarity that exists concerning the sources of UK constitutional law. It is contended that such issues contribute to confusion among the public, politicians and the press. 1.4 Main features of constitutions in general One of the most important distinctions between constitutions is they are written in one single document or a set of documents. To understand how the constitution of the United Kingdom functions, it is instructive to compare it with the constitutions of other States. In studying the characteristics of any constitution, it is helpful to ask the following questions: 1Jessica Sargeant, Alexandra Runswick and Sarah Clarke, A Democratic Brexit: Avoiding Constitutional Crisis in Brexit Britain (Unlock Democracy, 2017) 42. Unit 1: Introduction to Constitutional Law 36 1) Is the constitution easily changed? This is connected to the issue of entrenchment referred to earlier. Constitutions can be described as rigid or flexible. This is partly a function of how simple or complex the amendment procedure is, but it is also a function of whether there is political will to change. It is clearly simpler to make constitutional changes in the United Kingdom than in the United States (where a long procedure is necessary). In the United Kingdom, change is less perceptible and therefore the appearance of flexibility is given partly because there is often no formal acknowledgement of what is a constitutional change. Activity Research the procedure needed to change the US constitution. Identify an example of where the US constitution was successfully changed. 2) What is the status of the head of state? Most new states are republics with elected presidents. Others, such as the United Kingdom, Spain or the Netherlands, are hereditary monarchies where the head of state has only symbolic status. The status of Presidents is by no means the same. In some countries, such as the USA or France, Presidents are heads of government with very great powers. In others, such as Germany or Ireland, the head of state has largely a ceremonial role. Unit 1: Introduction to Constitutional Law 37 3) Is it a federal or a unitary state? Although the United Kingdom is still recognised as a unitary state having a central legislature with full legislative capacity, the Scottish Parliament, the Northern Ireland Assembly and the Welsh Assembly also have legislative capacity. Other states such as Germany have semi-autonomous regional governments with clear legal and constitutionally guaranteed divisions of responsibility between them and the central Federal Government in Berlin. 4) Is there an elected element of Government or the Head of State? All modern states pay attention, to varying degrees, to the importance of an elected legislature and government. There are many different methods of electing the parliament and/or president. In some countries it is still unfortunately the case that only one party can stand for office. 5) What are the branches of the State? Most constitutions have separate institutions which cover the three main functions of the State, namely the executive, the legislative and the judicial. However, constitutions differ in the degree to which they regard it best to keep these functions separate. The main areas of responsibility are as follows: The Executive: In the United Kingdom this comprises an elected element, the government, and the unelected element, the civil service and general public administration. Cabinet members and other ministers are not elected directly but by convention they must be drawn from Parliament and the government must resign if it loses the confidence of the House of Commons. In other constitutions, such as the American and the French, there is greater separation between the executive and the legislature where most of the heads of the executive are appointed and not elected at all. Other parts of the executive are more difficult to define, and may include the Armed Forces, or the Police or Local Government. To try to work out who might be considered part of the Executive it may be necessary to ask questions such as: Who appoints the person or body or are they elected? How are they dismissed? To whom are they accountable? Who pays for them? The answers to these questions generally help to decide if they are a part of the executive. The Legislature: This is the body which creates new law. Parliament has this function together with other functions such as maintaining a government, scrutiny of the government’s activities, and approving taxation measures. The doctrine of parliamentary supremacy is fundamental to the constitution of the United Kingdom. The Judiciary: All democracies uphold the independence of the judiciary. The system for appointing judges should prevent their removal for political reasons. Those constitutions which provide a Supreme Court to be a guardian of the constitution give greater powers to judges because such a body may strike down legislation as unconstitutional, even if it has been properly passed by the legislature. This ability to challenge parliament is not possible in the UK. The procedure of judicial review in the United Kingdom is not concerned with the constitutionality of legislation. Instead, judicial review is concerned with whether or not a public authority has interpreted and applied the legislation according to law. Unit 1: Introduction to Constitutional Law 38 6) What is the status of international law in the constitutional order? The United Kingdom, along with many other countries, operates what is known as a ‘dualist position’ where it is accepted that domestic law and international law are different systems and that the latter will only become part of the domestic law by express act of the national parliament. Accordingly, a Treaty is not part of national law unless it has been enacted in legislation. In contrast, countries such as Germany have an approach which is termed ‘monist’, whereby the constitution provides that public international law is directly enforceable and takes precedence over domestic law. 7) Is there specific protection for human rights? The doctrine of human rights has been part of many western political traditions since from the eighteenth century. There is general agreement that rights such as freedom of speech, freedom of religion and freedom from arbitrary arrest should be protected by the state. In the United Kingdom, whilst formerly purely based on a ‘negative’ conception of human rights, the more positive protection of human rights is now enshrined in the Human Rights Act 1998, which came into force on 2 October 2000. There is, however, controversy as to the content of these rights and whether those rights should be extended to include environmental and social rights such as the right to a clean environment or to a home. We will discuss these issues later in this module. 8) What political values does the constitution express? According to Brian Thompson, it ‘would be a mistake for lawyers not to recognise the significance of a constitution as a kind of political manifesto’.2 Constitutions are important for establishing national identity. They often express values associated with the identity of the state, the ideals of democracy or religious faith. The preamble to Bunreacht Na hÉireann, the constitution of Republic of Ireland, states: In the Name of the Most Holy Trinity, from Whom is all authority and to 2Brian Thompson, Textbook on Constitutional and Administrative Law (Blackstone Press, 1997) 13. Unit 1: Introduction to Constitutional Law 39 Whom, as our final end, all actions both of men and States must be referred, We, the people of Éire, Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial, Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation, And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations, Do hereby adopt, enact, and give to ourselves this Constitution. The preamble to the Indian constitution states: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought , expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 1.5 Constitutional Reform The UK has a flexible constitution, one that is easy to change as no special procedures are required. This is because UK constitutional laws have no higher status than regular law. They can be changed by a simple majority in Parliament. Unit 1: Introduction to Constitutional Law 40 This is illustrated by the fundamental reforms that were introduced by the Labour Government between 1997 and 2010. Examples of these reforms include: Devolution to Scotland, Wales and Northern Ireland New voting arrangements (proportional representation) for the devolved assemblies Freedom of Information legislation Human Rights legislation Removal of most of the hereditary peers in the House of Lords Establishment of the UK Supreme Court Activity Read Part I of the report ‘A new Magna Carta?’ produced House of Commons Political and Constitutional Reform Committee (published on 10 July 2014). Summarise the arguments for and against a written constitution for the UK. Which do you find most convincing and why? Unit 1: Introduction to Constitutional Law 41 History and Sources of the UK Constitution 1.6 Historical background to the United Kingdom constitution The United Kingdom constitution is distinctive as it is not to be found in a single document. Although it can, at least in part, be found in statutes these do present a somewhat lengthy and great variety of material. This, in turn, reflects the national preference to deal with practical problems as and when they arise rather than by having a blueprint for a desirable constitution. McEldowney argues that part of the explanation for the way in which developments have taken place lies in the following: a reluctance to codify the common law tradition which has encouraged a pragmatic approach an absence of any great discontent, so that constitutional redrafting had a low priority to social, economic and political reforms a preference for tinkering rather than a complete rethink the nineteenth century sense of complacency an early twentieth century concept that parliamentary government was a triumph of democracy over the despotism of absolute power. One could add that there has not been a major break in our history for over three centuries such as a revolution or defeat in war which has led many countries to start again with a new fully written constitution. A study of history is beyond the requirements of this course but familiarity with legislative landmarks in the development of the constitution is essential. Activity Read Doherty, Barnett or Alder and answer the following question: What are the key historical dates in the development of the UK constitution? Further historical landmarks you should note are: The Reform Act of 1832. This had a symbolic importance far beyond the actual small extension of the franchise because it established that the right to vote should be based on democratic considerations and not exclusively on property. The earlier constitution, which had balanced the interests of monarchy, aristocracy and the middle classes, was replaced by an embryonic liberal constitution. The Reform Acts of 1867, 1884, 1918 and 1928 which eventually established universal suffrage The introduction of secret ballots in 1872 The Parliament Acts 1911 and 1949 decreased the power of the House of Lords Scotland Act 2012 The European Communities Act 1972 Human Rights Act 1998 The abolition of the right of most hereditary peers to vote in the House of Lords in the House of Lords Act 2000 Unit 2: History and Sources of the UK Constitution 42 Constitutional Reform Act 2005 House of Lords Reform Act 2014 – provision for resignation and expulsion of members of the House of Lords 1.7 Specific characteristics of the United Kingdom constitution We will now summarise some of the main features of the United Kingdom constitution by drawing on what has been discussed so far. Activity Name the main statutes passed in the 20 th century which have defined the powers of Parliament. The British constitution is unwritten or uncodified as we have seen, in the sense that it is not contained in a basic constitutional document or set of documents. Oliver Cromwell’s Instrument of Government, 1653 to 1660, was the only temporarily successful attempt which has been made to establish a written constitution. Of course, the constitution is written down, or partially written at least, in the sense that its sources are to be found in various statutes, case-law, etc. The constitution has evolved over the centuries with few sudden changes and with a high degree of historical continuity. The great upheavals of the seventeenth century and the creation of the United Kingdom of Great Britain in 1707 occurred before popular demand for written constitutions began to prevail. Since then, the circumstances which have led in other countries to the adoption of a written constitution have not occurred in the United Kingdom. Such circumstances include: revolution, as in France in 1789 or Russia in 1917 or defeat in war, as in Germany in 1919 (adoption of Weimar Constitution) and in 1945. The importance of parliamentary legal sovereignty (some authors prefer the term ‘parliamentary supremacy’), which means, inter alia, that changes in the rules of constitutional law can be effected by ordinary legislation. This is another reason for the absence of a written constitution or a fundamental law. It explains the absence of a constitutional supreme court to judge the constitutional validity of statutes. Parliamentary sovereignty is the most important principle of the UK constitution and is considered in more detail in unit 4. Constitutional conventions, or non-legal rules, are a particularly important source of the UK constitution. As a result, compared with many other constitutions, the British constitution is sometimes said to be flexible and easily adaptable. This is because no special legislative procedure is required for changes of a constitutional nature and also because of the numerous im

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