Condensed Reading notes

1. What is Public Law?

  • Governs the state–citizen relationship (vertical).

  • Covers constitutional law (framework of state, institutions, power distribution) and administrative law (how power is exercised and controlled day-to-day).

  • Protects rights, ensures accountability, regulates state power.

  • Contrast: Private law governs relationships between individuals/organisations (horizontal).

2. The UK Constitution

Nature

  • Uncodified: no single written document, instead a mix of statutes, case law, conventions, common law, royal prerogative, EU retained law, ECHR, academic writings.

  • Flexible: easy to amend via Parliament (contrast with rigid codified constitutions).

  • Unitary state but devolved powers (Scotland, Wales, NI).

Core Features

  • Parliamentary sovereignty: Parliament can make/unmake any law; no higher authority.

  • Rule of law: No one above law; power must be lawful, fair, non-arbitrary.

  • Separation of powers: Legislative (Parliament), Executive (Government), Judiciary (courts). Prevents concentration of power.

  • Representative democracy: Government derives legitimacy from elected MPs.

3. Historical Development

  • Magna Carta (1215), Bill of Rights (1689): limits on monarchy.

  • Acts of Union (1707, 1800): created UK structure.

  • Parliament Acts (1911, 1949): Commons’ primacy over Lords.

  • Constitutional Reform Act (2005): established UK Supreme Court; reduced Lord Chancellor’s powers.

  • Devolution (1998 onwards): Scottish, Welsh, NI legislatures.

  • Brexit (2016–2020): highlighted tensions in sovereignty and devolution.

4. Constitutional Institutions

  • Parliament: Bicameral (Commons elected, Lords unelected/revising). Scrutinises government.

  • Government (Executive): PM + Cabinet; must retain Commons’ confidence. Exercises prerogative powers.

  • Judiciary: Independent, resolves disputes, interprets law. Can review executive actions (judicial review), but cannot strike down Acts of Parliament.

5. Constitutional Practices & Conventions

  • Constitutional conventions: Non-legal rules (e.g., PM must command Commons’ confidence; monarch acts on ministerial advice).

  • Ministerial responsibility: Ministers accountable to Parliament; collective responsibility requires unity in public.

  • Parliamentary privilege: Free speech in Parliament.

6. Human Rights & Liberties

  • Historically protected via common law and civil liberties.

  • Human Rights Act 1998: incorporates ECHR rights into UK law; courts may issue declarations of incompatibility.

  • Equality Act 2010: anti-discrimination protections.

  • Key rights: freedom of expression, access to justice, equality before law.

7. Administrative Law & Judicial Review

  • Ensures government acts legally, rationally, fairly.

  • Courts can review on grounds of legality, procedural fairness, proportionality, reasonableness, and compliance with HRA.

  • Competing views:

    • Red-light theory (Dicey): law restrains state to protect liberty.

    • Green-light (McAuslan): law enables effective governance.

    • Amber-light: balance of control & discretion.

8. Ongoing Debates

  • Codification: Should the UK adopt a written constitution?

    • Pros: clarity, entrenched rights.

    • Cons: rigidity, loss of flexibility, undermines parliamentary sovereignty.

  • Brexit & Devolution: Reshaping sovereignty, questions of independence (esp. Scotland).

  • Balance of power: Tensions between political constitution (accountability via politics) vs legal constitution (courts’ role).