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Introduction to Public Law Overview

Sep 30, 2024

Public Law Lecture 1: Introduction to Public Law

Overview

  • Introduction to public law focusing on constitutional and administrative law.
  • Key themes in constitutional theory and the unique nature of the UK constitution.

Key Concepts

What is a Constitution?

  • Definition: A constitution is often a document outlining procedural and structural components of an entity.
  • Applicability: Constitutions can apply to states and corporations (e.g., company constitutions).
  • Function: Outlines relationship between the state and its people.

UK vs US Constitution

  • US Constitution: A single, concise, codified document with articles and amendments.
  • UK Constitution: Uncodified, meaning it is not written in a single document but across various sources.

Codified vs Uncodified Constitutions

  • Codified: Entirely written in one place (e.g., US Constitution).
  • Uncodified: Not all components written in one document (e.g., UK Constitution). Includes parliamentary statutes and common law.

Scope of the Series

Constitutional Law

  • Topics: Nature of the UK Constitution, its sources, and foundational principles.
  • Fundamental Principles:
    • Parliamentary sovereignty
    • Constitutional monarchy
    • Rule of law
    • Separation of powers
    • Quasi-federalism

Entities & Institutions in the UK Constitution

  • Government Bodies:
    • Role of Parliament
    • Role of Westminster
    • Role of the Executive
    • Role of the Judiciary
    • Role of the Crown
  • International Aspects:
    • Impact of International Law
    • European Union influence and Brexit
    • Miller cases

Administrative Law

  • Judicial Review:
    • Grounds for judicial review: illegality, ultra vires, irrationality, procedural impropriety
    • Remedies and administrative justice
    • Judicial review procedures
    • Role of tribunals, ombudsman, inquiries, regulations

Relationship Between State and People

  • Human Rights and Civil Liberties
    • Human Rights Act
    • European Convention on Human Rights
  • Public Institutions
    • Powers of the Police
    • Emergency powers
    • Public order offences and terrorism

Conclusion

  • This series will cover constitutional and administrative law with a focus on how it relates to the public legal environment.
  • The lecture series will be divided into an exploration of constitutional law first, followed by administrative law, and finally the interaction between state and citizens.