Public Law.

Public Law

Public Law governs the relationship between individuals and the state and includes constitutional law, administrative law, and human rights law. Here's a comprehensive overview of its key components:

Branches of Public Law

Constitutional Law

  • Focuses on the framework and functioning of the state and its institutions.

  • Key topics include:

    • Separation of Powers: Division of power among the executive, legislature, and judiciary (Montesquieu's theory).

    • Parliamentary Sovereignty: Parliament is the supreme legal authority (A.V. Dicey's principle).

    • Rule of Law:

      • No one is above the law.

      • Laws must be clear and applied fairly.

    • Constitutional Conventions: Unwritten rules shaping governance (e.g., the Prime Minister must command majority support in the House of Commons).

Administrative Law

  • Regulates the activities of public bodies.

  • Key concepts include:

    • Judicial Review:

      • Courts review the legality of decisions made by public authorities.

      • Grounds for review:

        1. Illegality (R v Secretary of State for the Home Department, ex parte Fire Brigades Union).

        2. Irrationality (Associated Provincial Picture Houses Ltd v Wednesbury Corporation).

        3. Procedural Impropriety (Ridge v Baldwin).

    • Delegated Legislation:

      • Laws made by bodies other than Parliament, subject to judicial oversight.

    • Tribunals and Ombudsmen:

      • Alternative dispute resolution mechanisms for public grievances.

Human Rights Law

  • Protects individual rights against state interference.

  • Key sources in the UK:

    • Human Rights Act 1998:

      • Incorporates the European Convention on Human Rights (ECHR) into UK law.

      • Allows courts to issue declarations of incompatibility if legislation breaches human rights.

    • Common Law:

      • Historically developed principles protecting individual freedoms.

The UK Constitution

Features of the UK Constitution:

  1. Unwritten (Uncodified):

    • Derived from statutes, common law, conventions, and works of authority (e.g., Dicey, Bagehot).

  2. Flexible:

    • Can be amended by ordinary legislation.

  3. Unitary:

    • Centralized system, though devolution has created powers for Scotland, Wales, and Northern Ireland.

Key Constitutional Principles

  1. Parliamentary Sovereignty:

    • Parliament can make or unmake any law (Factortame Ltd v Secretary of State for Transport showed EU law's impact pre-Brexit).

  2. Rule of Law:

    • Laws must govern the state, not arbitrary power.

  3. Constitutional Monarchy:

    • The monarch's powers are largely ceremonial.

Institutions of Government

The Executive

  • Comprised of the Prime Minister, Cabinet, and civil service.

  • Responsible for implementing laws and formulating policies.

  • Ministerial Responsibility:

    • Collective Responsibility: Ministers must support Cabinet decisions publicly.

    • Individual Responsibility: Ministers are accountable for their departments.

The Legislature

  • Parliament:

    • Bicameral: House of Commons (elected) and House of Lords (appointed/peerage).

    • Functions:

      1. Legislation.

      2. Scrutiny of the executive.

      3. Budget approval.

  • Sovereignty of Parliament: No Parliament can bind its successors.

The Judiciary

  • Interprets and enforces the law.

  • Ensures the rule of law through judicial independence.

  • Engages in judicial review of executive decisions.

Judicial Review in Detail

Grounds for Judicial Review:

  1. Illegality:

    • Public authorities must act within their legal powers.

  2. Irrationality (Wednesbury Unreasonableness):

    • Decisions must not be so unreasonable that no reasonable authority could have made them.

  3. Procedural Impropriety:

    • Authorities must follow fair procedures.

Remedies:

  1. Quashing Orders: Nullify an unlawful decision.

  2. Prohibiting Orders: Prevent unlawful actions.

  3. Mandatory Orders: Compel authorities to fulfill duties.

  4. Injunctions: Prevent harm.

  5. Damages: Rare, but possible under Human Rights Act 1998.

Human Rights in Public Law

European Convention on Human Rights (ECHR):

  • Key Articles:

    • Article 2: Right to life.

    • Article 3: Prohibition of torture.

    • Article 6: Right to a fair trial.

    • Article 8: Right to privacy.

    • Article 10: Freedom of expression.

    • Article 11: Freedom of assembly.

Human Rights Act 1998:

  • Allows domestic courts to interpret legislation in line with ECHR rights (s.3).

  • Enables courts to declare incompatibility when UK law violates human rights (s.4).

Limitations and Derogations:

  • Rights can be limited for legitimate aims (e.g., national security).

Devolution in the UK

  • Scotland:

    • Scottish Parliament has significant legislative powers (e.g., education, health).

  • Wales:

    • Welsh Parliament has more limited powers compared to Scotland.

  • Northern Ireland:

    • Unique powers due to the peace process (Good Friday Agreement).

Key Public Law Cases

  1. Entick v Carrington (1765):

    • Established that state action must have legal authority.

  2. M v Home Office (1994):

    • Reaffirmed that even ministers are subject to the rule of law.

  3. A v Secretary of State for the Home Department (2004):

    • Held indefinite detention of suspected terrorists incompatible with human rights.

Brexit and Public Law

  • Shifted the UK legal landscape:

    • Ended the supremacy of EU law.

    • Introduced retained EU law under the European Union (Withdrawal) Act 2018.

  • Raised constitutional questions about parliamentary sovereignty and devolution.

Tutoring Focus

  • Mastering constitutional principles like separation of powers and rule of law.

  • Developing deep understanding of judicial review.

  • Practicing application of human rights law to practical scenarios.

  • Exam preparation techniques for essay and case-based questions.

Would you like assistance with a specific topic, such as judicial review, the Human Rights Act, or constitutional conventions? Or would you like help with analyzing a problem question? Speak with a Public Law Tutor.

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