1) Introduction to Public Law

Question 1

What is public law comprised of?

Answer 1

Constitutional and Administrative law

Question 2

What is Constitutional law?

Answer 2

The rules which regulate the structure of the principal organs of government and their relationship to each other and determine their principal functions.

Question 3

What two things does constitutional law use?

Answer 3

Legal rules and common conventions.

Question 4

What is a Constitution?

Answer 4

-Sets of rules regarding how a country is run
-The highest authority of law in a system of government

Question 5

What does a constitution determine?

Answer 5

-How and when new laws can be made
-What the government of a country is allowed to do
-What powers the courts of the country have
-What rights citizens of that country have?

Question 6

What is a Codified Constitution?

Answer 6

• A country will have a “codified” constitution if it has one single document in which its constitutional rules can be found
• In countries with written constitutions there will be no higher law. The constitution will be the highest point of that country’s legal order

Question 7

Strengths of Codified Constitutions?

Answer 7

• Can be stronger than normal laws / more difficult to change
• Allows courts to ‘strike down’ laws that are ‘unconstitutional’
• Clearer and easier to understand

Question 8

Weaknesses of Codified Constitution

Answer 8

• Can lead to archaic rules
• Can result in the courts becoming too heavily involved in political matters

Question 9

What is an Uncodified Constitution

Answer 9

• A country will have an “uncodified” constitution if it does not have one single document in which its constitutional rules can be found, but instead has several different documents/customs/precedents/laws that contain such rules

Question 10

Strengths of Uncodified Constitutions?

Answer 10

• Can be more flexible, easily changeable so can evolve and adapt with the times

Question 11

Weaknesses of Uncodified Constitutions?

Answer 11

• Can be too easy to change
• They can be too weak to protect citizens from dangerous govt decisions
• Not enough strength given to judiciary
• They can be vague and confusing

Question 12

What is the highest court of appeal in the UK?

Answer 12

The Supreme Court. (formerly House of Lords)

Question 13

Does the Supreme Court have special powers to challenge the authority of the Sovereign Parliament?

Answer 13

No.

Question 14

Arguments against a codified constitution in the UK?

Answer 14

• No real demand for change
• Would be extremely difficult, could result in potential crisis
• Unclear if current constitution would allow it
• loose flexibility of current constitution

Question 15

Arguments for introducing a codified constitution in the UK

Answer 15

• current constitution has become too messy
• difficult to understand
• too easy for governments to get around constitutional rules
• need clearly defined rules for govt

Question 16

What are the sources of the UK Constitution?

Answer 16

• Constitutional Statutes
• Royal Prerogative
• Constitutional Conventions
• Common Law
• International Law and treaties

Question 17

What year was the bill of rights?

Answer 17

1689

Question 18

What case shows that no new prerogative powers can be created?

Answer 18

R v Sos Home Dept ex p. Northumbria Police Authority 1988

Question 19

What case shows that prerogative powers can be displaced by subsequent legislation

Answer 19

R (Miller) case

Question 20

What is a constitutional convention?

Answer 20

Non-legal rules of conduct, more than traditions and practice