Public Law (Uni)

What is public law?

- The part of law that deals with the constitution.

What is a constitution?

- The body of rules that regulate relations.

1: Between the main branches of the state,

2: Between the state and the individual.

Head of state - The King

- The powers of the head of state are formal and ceremonial.

- Ceremonial: State opening of Parliament, hosting visiting dignitaries, representing the UK abroad.

- Formal: Granting assent to legislation approved by Parliament, appointing PM and other ministers, dissolving Parliament and granting honours.

- Exercises formal powers on the advice of PM - "Constitutional Monarchy".

The Executive (Government)

- The PM is the head of Government.

- Head of state appoints as PM the MP who can command the confidence of the HofC.

- The PM chooses the ministers whom she wants to be apart of her Government collectively (The Cabinet).

- Ministers must be members of either HofC and HofL.

- The Government derives its power to act either from statute or the common law.

Parliament - Bicameral

House of Commons - 650 MPs elected by FPTP.

- To hold Government to account.

- To scrutinise and approve bills.

- To debate public policy.

House of Lords - life peers, hereditary peers and Lords spiritual (Bishops).

- To hold government to account.

- To scrutinise, amend and approve bills.

- No power to veto legislation approved by HoC (with 1 exception).

Judiciary

- Independent

- Judicial Appointments Commission

- Responsible for development and application of the common law.

- Interpret and apply laws enacted by Parliament.

- No power to strike down laws enacted by Parliament.

- Adjudicate disputes between private individuals.

- Ensure government acts in accordance with the law.

Human Rights

- Derive from European Convention on Human Rights and given force in UK law by Human Rights Act 1988.

- The rights protected include: not to be subject to torture or inhumane or degrading treatment, fair trial, private life, freedom of religion, freedom of oppression