Public Law- Large Group 1- PL and the constitution

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  • Created by: CCGGreen
  • Created on: 09-01-18 19:29

The state is built up of government owned public bodies and other aspects such as parliament, councils, monarchy and court.

Public Law- all rules about relationships between state and persons. 

Constitutional Law- All rules about how a state is organised - UK constitution.

Administrative Law- All rules about how public authorities exercise their decision- making powers (Judicial Review. Courts can police this power).

PRIVATE LAW RIGHTS- These rights arise against another person- Individual or company.

PUBLIC LAW RIGHTS- These rights arise against the state.

Key rigths and freedom of individuals in relation to the state- ECHR e.g. right to fair trial.

The UK has three aspects of law making (as listed below) this is in order to keep checks and balances so each sector is kept accountable and safe guards our laws. 

3 powers within the state:

- Legislative- making the law

- Executive- put law into effect 

- Judicial - court system resolving legal disputes.

The UK has a unwritten constiution because we have never had a defining moment in order to become a constitution.  Parliament is the supreme law making body. 

UK Constitution-

4 main legal sources:

1. Act of parliament which affect the constiution.

2. International law

3.case law.

4. The Royal Prerogative- common law poers as opposed to statutory ones. 

These four are sometimes referred to as a constitutional jigsaw

Non legal source:

- constitutional conventions- considered building rules on how people act in certain constitution situations.

MAGNA CARTA 1215- The end of the monarchs absolute power. Famously, King John was forced to sign this document

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