Public Law MCT Revision Guide: Key Concepts and Principles

What are the core doctrinal areas of UK Public Law?

Interrelation between Rule of Law, Parliamentary Sovereignty, Separation of Powers, Executive Authority and Delegated Legislation, Devolution, and Judicial Oversight of Executive Action.

What significant event in 1215 impacted the power of the King in England?

The Magna Carta imposed written conditions on the King by barons, the Church, and merchants.

What was the role of the King in governance during the early 1066 period?

The King was sovereign and had to work together with the King in Council.

What was established in the 1700s that contributed to the governance structure in the UK?

The Cabinet of Ministers was formed.

When did the role of Prime Minister first appear, and what was the title?

The role of Prime Minister first appeared in 1721 as the First Lord of the Treasury.

What offices were formed in 1782 that are significant to UK governance?

The Home Office and Foreign Office were formed.

What is the Rule of Law in the context of UK Public Law?

A cornerstone principle demanding legal accountability and predictability, ensuring public authorities act within legal authority.

How does Parliamentary Sovereignty function in the UK?

It affirms the legislative omnipotence of Parliament, allowing it to make or unmake any law without question.

What is the significance of devolution in relation to Parliamentary Sovereignty?

Devolution strains but accommodates Parliamentary Sovereignty, with Westminster retaining ultimate authority over reserved matters.

What is the purpose of the Separation of Powers in government?

To prevent arbitrary exercise of power by dividing governmental functions into distinct branches: legislature, executive, and judiciary.

What is the role of the executive in the UK government?

The executive creates and implements policy, often through delegated legislation.

How does the legislature interact with the executive?

The legislature scrutinises the executive and makes primary laws.

What is the judiciary's function in the context of the executive?

The judiciary interprets and applies the law, holding the executive accountable through judicial review.

What is the Fusion of Powers Doctrine in the UK?

It describes the blending of powers where individuals may hold multiple governmental roles, contrasting with strict separation of powers.

Who described the UK government as a 'fusion of powers'?

Walter Bagehot described the UK as a 'fusion of powers'.

What was A.V. Dicey's view on the separation of powers?

Dicey agreed with Bagehot that the UK constitution's strength lies in self-restraint rather than strict separation of powers.

What is the structure of the UK Executive Branch?

It includes the Prime Minister, Cabinet Ministers, Civil Servants, and various public authorities.

What is the role of the Crown in the UK government?

The Monarch acts on the advice of Ministers, embodying a Constitutional Monarchy.

What powers does the Crown have in relation to parliamentary approval?

The Crown can exercise certain powers and privileges without parliamentary approval.

How did Blackstone define the powers of the King?

As powers that the King has that other individuals do not.

What is the composition of the Cabinet in the UK government?

The Cabinet consists of 21 Ministers appointed to manage government departments.

How is the Prime Minister appointed in the UK?

The King appoints the leader of the political party with the most seats in the House of Commons.

What is the significance of judicial review in upholding the Rule of Law?

Judicial review is a key mechanism that ensures public authorities act within their legal powers.

What does the term 'delegated legislation' refer to?

Legislation created by the executive branch under powers granted by Parliament.

What are ministerial departments responsible for?

Specific policy areas such as Health, Education, or Defence.

How many ministerial departments are there in the UK?

24 ministerial departments.

Who leads each ministerial department?

Each department is led by a Secretary of State, supported by junior ministers.

Who chooses the ministers in the UK government?

The Prime Minister chooses ministers from members of the House of Commons and House of Lords.

What is the role of His Majesty's Civil Service?

To implement government policies and deliver public services.

What are the expectations of civil servants in the UK?

Civil servants are expected to remain impartial, anonymous, and permanent.

Who oversees the Civil Service in the UK?

The Cabinet Secretary, who is the most senior civil servant.

Approximately how many staff are employed in the UK Civil Service as of December 2024?

Approximately 548,000 staff.

What are public bodies or arm's-length bodies (ALBs)?

Organizations that deliver public or government services but operate with some independence from ministerial departments.

What are examples of public bodies?

Quangos (Quasi-Autonomous Non-Governmental Organisations) and regulators, NHS trusts.

When were devolved governments established in Wales, Scotland, and Northern Ireland?

In 1999.

What are statutory powers?

Powers explicitly granted to ministers and public bodies by Acts of Parliament.

What is the royal prerogative?

Residual common law powers of the Crown, exercised by government ministers without statutory authority.

What are some examples of royal prerogative powers?

Conducting diplomacy, deploying armed forces, granting pardons, dissolving Parliament, and conferring honours.

What limitation exists on royal prerogative powers?

They cannot override statutes; if a statute exists, it takes precedence.

What is the Wide view regarding prerogative powers?

You cannot use an act of convention to override a statute.

What is the Narrow view regarding prerogative powers?

Statute prevails if there is an inconsistency between statute and a prerogative power.

What is the significance of the Constitutional Reform and Governance Act 2010?

It formalized and codified prerogative powers in statute.

What historical limitations were placed on prerogative powers?

The Bill of Rights 1689 limited the Monarch's powers to set aside or suspend laws.

What does judicial review ensure regarding prerogative powers?

It ensures legality and reasonableness of the exercise of prerogative powers.

What was established in the Case of Proclamations [1610]?

Common law can limit the use of prerogative powers.

What does the case R v Secretary of State Home Dept Northumbria Police Authority (1989) illustrate?

Statute does not extinguish the whole prerogative.

What was the outcome of the case AG v De Keyser's Royal Hotel Ltd (1920)?

It established that if a statute comprehensively covers a prerogative power, then the prerogative cannot be used.

What is the significance of Attorney General v De Keyser's Royal Hotel Ltd [1920]?

Statute prevails where it covers the same ground as a prerogative power.

What can be challenged in court according to BBC v Johns (1965)?

If a prerogative power did not exist, it can be challenged in the courts.

What does Blackburn v AG (1971) state about the exercise of prerogative powers?

If a prerogative power exists, the executive can exercise it as they wish.

What was established in Council of Civil Service Unions v Minister for the Civil Service [1985] (GCHQ case)?

Prerogative powers are, in principle, subject to judicial review like any executive power.

What did Lord Roskill argue regarding prerogative powers?

He discussed why prerogative powers should be reviewable if statutory and delegated powers are.

What was the ruling in R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995]?

The executive cannot use prerogative powers to nullify parliamentary will.

What did R (Miller) v Secretary of State for Exiting the European Union [2017] (Miller 1) clarify about prerogative power?

The prerogative cannot remove rights and requires an Act of Parliament to delegate authority for withdrawal from the EU.

What fundamental principle does the Bill of Rights 1689 uphold regarding prerogative powers?

It limits prerogative powers and ensures the government can only exercise power as allowed by law.

What was the outcome of R (Miller) v The Prime Minister; R (Cherry) v Advocate General for Scotland [2019]?

The court assessed if the PM acted lawfully in prorogation, emphasizing parliamentary control.

What is prorogation in the context of Parliament?

Prorogation brings a parliamentary session to an end before the start of a new session.

What was challenged regarding the PM's advice to prorogue Parliament?

Its lawfulness was challenged in Scottish courts and the E + W High Court.

What did the courts find about the justiciability of prorogation?

Prerogative power to prorogue Parliament is limited and can be justiciable.

What does the court exist to protect in relation to parliamentary debate?

The court exists to protect both parliamentary sovereignty and the scrutiny of the government.

What was the result of the court's declaration regarding the PM's advice to prorogue Parliament?

The advice was declared unlawful, and a quashing order was made.

What are common law powers?

Inherent powers to act in the public interest not specifically derived from statute or prerogative.

What is Delegated Legislation (Secondary Legislation)?

Legal instruments formulated by the executive under authority conferred by primary legislation.

What is the purpose of Statutory Instruments (SIs)?

To operationalize legislative frameworks with detailed provisions without needing a new Act.

What are the forms of delegated legislation?

Statutory Instruments, Orders in Council, Regulations, and Rules.

What oversight mechanisms exist for Statutory Instruments?

They are subject to parliamentary scrutiny; some require approval (affirmative procedure), while others become law unless annulled (negative procedure).

What can happen if Statutory Instruments exceed the powers granted by the parent Act?

They can be challenged in courts.

What is an example of delegated legislation?

Statutory instruments, orders, and regulations.

What did Entick v Carrington [1765] establish about executive action?

The executive can only act if it has legal authority.

What is the argument for Delegated Legislation upholding Parliamentary Sovereignty?

Parliament delegates power and limits the extent of powers.

How does Delegated Legislation challenge Parliamentary Sovereignty?

Some powers are very wide and wide-reaching, making it harder for Parliament to scrutinise.

What are Henry VIII Powers?

They provide the executive with the ability to amend or repeal provisions within primary legislation using secondary legislation mechanisms.

How were Henry VIII Powers applied during Brexit?

They were used to facilitate legal changes related to Brexit, notably in the European Union (Withdrawal) Act 2018.

What are Henry VIII clauses?

Provisions in UK legislation that grant ministers the authority to amend or repeal primary legislation through secondary legislation, bypassing full parliamentary scrutiny.

When did Henry VIII clauses originate?

They originated from the Statute of Proclamations 1539.

What is the Negative Resolution Procedure?

Statutory Instruments (SIs) become law automatically unless annulled by either House within a defined period.

What is the Affirmative Resolution Procedure?

It requires proactive parliamentary endorsement, usually following debate in one or both chambers, for measures with significant implications.

What is the volume of Delegated Legislation mentioned?

There have been 24 delegated legislations.

What is a concern regarding the scrutiny of powers in Delegated Legislation?

Some acts can be enforced before debate, raising issues of accountability.

What was referenced in relation to Henry VIII clauses during Brexit?

The EU Withdrawal Act 2018, which delegated powers to the government to manage retained EU law.

What are the strengths of Delegated Legislation?

Promotes administrative agility and legislative responsiveness; enables creation of technical rules without full legislative delays.

What are the weaknesses of Delegated Legislation?

Potential erosion of democratic accountability and legislative oversight; concerns about constitutional legitimacy.

What is a skeleton bill?

A bill that provides very little information and scrutiny, giving the executive significant power.

What is an example of narrow powers in Delegated Legislation?

The Teaching and Education Act of 1998, which gives power for student grants and loans.

What is an example of wider powers in Delegated Legislation?

Different regulations can flow from the parent Act in Wales, England, and Scotland.

How did the government use statutory legislation during the pandemic?

To limit and restrict powers in emergency situations.

What does Section 14 of the Public Order Act 1986 allow?

It allows police to impose conditions on public assemblies.

What does Section 74 of the Public Order Act 1986 highlight?

It notes a 'real constitutional issue' where legislation was brought into force even after being abolished.

What is the difference between Political and Legal Constitutions?

Political Constitution emphasizes accountability through political means; Legal Constitution stresses legal mechanisms for accountability.

What mechanisms achieve Political Accountability?

Debates, scrutiny, and elections.

What mechanisms enforce Legal Accountability?

Judicial review, tribunals, and public inquiries.

What is Parliamentary Accountability?

It includes ministerial responsibility, parliamentary questions, debates, statements, and select committees.

What is the role of parliament in relation to government accountability?

Parliament can scrutinise decisions but cannot stop them.

What is the purpose of Ombudsmen in the context of government accountability?

Ombudsmen investigate complaints of maladministration.

What case clarifies the limits of administrative discretion?

British Oxygen Co Ltd v Minister of Technology [1971].

What principle was established in Padfield v Minister of Agriculture [1968]?

Discretion must further the legislative intent.

What does the case Council of Civil Service Unions v Minister for the Civil Service [1985] highlight?

It highlights the justiciability boundaries regarding national security decisions.

What does devolution in the UK involve?

The delegation of legislative and administrative powers from the UK Parliament to subnational legislatures.

What are the reasons for decentralisation in the UK?

To accommodate constitutional pluralism, self-governance, cultural diversity, enhance democratic engagement, reduce central government burden, recognise national identities, and provide economic benefits.

What are some challenges associated with devolution?

Challenges include potential threats to the unity of the state, overlapping policies, different rights for citizens, loss of economies of scale, and lack of accountability.