PUBLIC LAW REVISION CARDS

What is public law?

Public Law is concerned with the relationship between persons and the state. This would cover all rules about the relationship between state and persons.

1 of 26

What is constitutional law?

Constitutional Law covers all rule about how a state is organised – Like the UK Constitution

2 of 26

What is administrative law?

Administrative Law is all rules about how ‘public authorities, exercise their decision making powers’. Judicial Review courts can police this power

3 of 26

What are the three powers within the state?

There are three powers within the state the legislature, executive and judiciary

4 of 26

What are the roles of judiciary, executive and legislature?

Their roles are as follows; the legislature makes the laws this is made up of Parliament, House of Commons, House of Lords and the monarchy. The executive implements the law, many institutions, one example if government ministers. Finally the judicia

5 of 26

Why must each of the main powers remain separate?

Each of the three powers must remain separate as they act as checks on each other. This check is known as checks and balances.

6 of 26

Why is the UK constitution codified?

The UK has an unwritten constitution, this is due to never having a defining moment in order to become a codified, written constitution.

7 of 26

What does a constitution obtain?

A constitution is something which expressed the core values of the country and defines the rights of citizens.

8 of 26

Give arguments for a written constitution?

- Allows to know rights - No room for interpretation - Accessibility - Certainty - Core values/ can guarantee core rights - ‘Set in stone’, no dictatorship

9 of 26

Give arguments against a written constitution?

- Outdated law hard to change because codified (US GUN LAWS) - Room for interpretation - Easy to change law in times of desperate measures - RISK OF RIGIDITY

10 of 26

Give arguments for the executive and judiciary to be elected?

- Holds us responsible (accountability) through public scrutiny - Legitimises judges role - More democratic - Raises profile

11 of 26

Give arguments against the executive and judiciary being elected

- Voter apathy - May not be someone with best skills- public wouldn’t have best knowledge - Long process - Politicisation

12 of 26

Parliament shouldn’t have supremacy and courts should be able to overrule their decisions give arguments for this?

- Courts applying it to real situations(relate to circumstances) - Shows respect for “separation of powers” by having a check over the legislature

13 of 26

Parliament shouldn’t have supremacy and courts should be able to overrule their decisions give arguments against this?

- Court can already imply the law - Give court too much power. Decisions change from case to case basis making it unfair - Risks constitutional deal lock - Would it be right to give unelected judges general power.

14 of 26

What are the four main legal sources of the UK Constitution?

Uk const has 4 main legal sources: 1. Act of Parliament which affect the constitution 2. International Law 3. Case law 4. The Royal prerogative these are sometimes referred to as const jigsaw

15 of 26

What are the non-legal sources of the UK constitution?

Non- legal sources - Constitutional conventions – considered binding rules on how people act in certain constitutional situations

16 of 26

When a public body wrongs it is acting Ultraviole- what does this mean?

When public law wrongs Ultraviole – “ beyond their powers” illegality

17 of 26

A public body must also do the following to act lawfully?

They must act reasonably They must follow fair procedure (Procedural impropriety)

18 of 26

If a public body doesnt grant you a licence which the courts have found wouldve been reasonable to do so in the situation what sort of remedies could you expect?

Quashing order and Making a mandatory order

19 of 26

Is the UK a dualist or monist state? what is a monist state?

The UK is a dualist state. In a monist state, the law doesn’t distinguish between its own domestic law and international law. LAW IS LAW.

20 of 26

Give some characteristics of a dualist state?

- International law not usually a source of the constitution. - Bind the state itself (i.e. the government) not individuals within the state. – General rule / starting point.

21 of 26

The UK is a dualist state but what are the exception?

1. European Convention of HR. 2. Various European treaties dated from 1951 to 2009. 1. Echr- (Parliament) rules about certain basic human rights brought into our constitution by the Human Rights Act 1998. 2. EU Treat

22 of 26

The UK is a dualist state but what are the exception answers continued...

Brought again into UK by an act of Parliament – Rules under EU law brought into our constitution by the European Communities Act 1972 and “Incorporated” into our law.

23 of 26

Give aspects of case law?

Case Law (Focusing on the courts) -freedom -Legal Authority -Fair Hearings -Parliamentary Supremacy -Interpretation of statute

24 of 26

What is meant by freedom in case law?

Right of free speech – but obviously must not defame people or use racial hatred. ‘The Belmarsh Case’ – Illustrates where court might have challenges of competing freedoms.

25 of 26

What is meant by freedom in case law (answer continued)

The Anti-terrorism, Crime and Security Act 2001 allowed foreign terrorism suspects to be detained indefinitely without trial -Between late 2001 and early 2002, nine foreign nationals were detained in the UK under this Act – suspected terrorist attack

26 of 26

Get Revising

PUBLIC LAW REVISION CARDS

Other cards in this set

Card 2

Front

Back

Card 3

Front

Back

Card 4

Front

Back

Card 5

Front

Back

Comments

Similar Law resources:

Other cards in this set

Card 2

Front

Back

Card 3

Front

Back

Card 4

Front

Back

Card 5

Front

Back

Comments

Related discussions on The Student Room

Similar Law resources: