Public law basics

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18 Terms

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What’s public law

Law and rules of governing state. Relations within government and between government and the people

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What’s constitutional law

Framework of rules and practices for government, establishes the system of government

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What does constitutional law establish

Who has power and authority

How power is controlled and divided

How power should be exercised and through which process

Relationship between branches of government

Relationship between state and citizens

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Administrative law

Body of law which ensures that public bodies act lawfully and dont abuse their power. Protects RoL and constitutional arrangements

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Executives

Governments: UK, Welsh, Scottish, NI, local authorities

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Legislature

UK, welsh, Scottish, Scottish, NI parliament

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Judiciary

The courts

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Monarch

Most powerful institution

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Do executive, legislature and judiciary have equal power?

Yes

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Functions of the crown

Open and close parliament

Selects members of the upper chamber of parliament ; House of Lords

Appoints justices of Supreme Court

Appoints pm and executives as a whole

Grants/witholds royal assent to bills passed by parliament

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Who elects lower chamber of parliament (house of commons)?

Public

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Statutes

Acts of parliaemnt. Acts of devolved parliament

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Common law

Case law developed by judiciary

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Constitutional conventions

Non legal norms and principles which regulates relationships between institutions

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Rule of law

Everyone is bound by the law

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Parliamentary sovereignty

Act of parliament is the highest form of law in the UK. They have unlimited legal power and the acts cannot be challenged by courts. They can amend any aspect of constitutional agreement

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Separation of powers

Powers of the state and allocated between 3 institutions to stop 1 institution having all the power