FLK 1 - Constitutional & Administrative Law & EU Law

What type of constitution do we have in the UK?

Uncodified constitution

What does an uncodified constitution mean?

There is not a single document which is a source of constitutional rules in the UK

What does the constitution outline?

The powers of the branches of government

What does the constitution regulate?

The relationship between the state, it’s institutions & individual citizens

What does the UK’s Constitutions include?

Acts of Parliament, common law & conventions Wh

What does common law mean?

Laws developed through decisions made by judges & courts

What does the principle of the rule of law mean?

No one is above the law - Foundational principle of governance where all individuals, institutions, and the state itself are accountable to publicly promulgated, equally enforced, and independently adjudicated laws. It protects citizens from arbitrary, unchecked exercises of state or private power.

What are the corollaries of the Rule of Law?

Laws should be applied fairly, Government should act in accordance with law, & Laws should not have retroactive effect

Is the UK Constitution entrenched?

No, Its not entrenched What

What does bot entrenched mean?

It does not have higher status than other law

What is the highest source of law?

Acts of Parliament Can

Can an Act of Parliament change the constitution?

Yes, due to parliamentary sovereignty/supremacy

What does parliamentary sovereignty mean?

It means that Parliament is the supreme legal authority

Does the UK courts have the power to strike down Acts of Parliament?

No, but they can interpret laws

What happens if Parliament does not agree with the Courts interpretation of a law?

Parliament can pass an amendment to make the law clearer

What does the royal prerogative mean?

Refers to the collection of powers under the common law recognised as belonging to the crown (although now are most used by government or abolished)

What is the Ram Doctrine?

Provides that the government shall have the power to carry on ordinary business even if the power is not explicitly set out by statute or Royal Prerogative

What are constitutional conventions?

They are unwritten rules regarding how people should act in certain circumstances

Name some of the important constitutional conventions

• The Monarch will always give Royal Assent to a bill passed by Parliament

• The Monarch will always act on the advice of the Prime Minister

• Government ministers can be appointed only from among the members of parliament

• Government ministers must take responsibility for policy failures

• The Government is accountable to Parliament by government ministers appearing in Parliament to answer questions & take part in debate

What is / Who is a minister?

A government minister is a Member of Parliament (MP) or a member of the House of Lords appointed by the Prime Minister to oversee a specific government department or policy area.

What does devolution mean?

It is the statutory transfer of power and responsibility from a central government to subnational levels, such as regional or local authorities.

UK uses asymmetric devolution - what does this mean?

This is due to the extent of devolution to each state is not equal