Thursday, November 15, 2012

PUBLIC LAW - AN OVERVIEW

CONSTITUTIONAL CHARACTERISTICS

1. Written and Unwritten
2. Republican and Monarchial
3. Unitary and Federal
4. Supreme and Subordinate

Unwritten Nature of British Constitution

The following acts of parliament has constitutional status

a) House of Common disqualification Act (Membership)
b) Northern Ireland, Scotland, Government of Wales Act 1978
c) European Community Act 1972
d) Human Right Act 1998

ELECTORAL LAW

1. Every adult who is not subject to disqualification i.e. entitled to vote
2. Fox v Stirk (1970) temporary registered residents are allowed to vote
3. ECHR Judgement in Thirst v UK (2005)reformed those excluded
4. 646 constituencies; the Political Parties, Election and Representation Act 2000 (PPER) introduced Electoral Commissioner.

5. Parliamentary constituency boundaries constrained by parliamentary constituencies Act 1986. Local authority boundaries , geographical consideration. Isle of Wrigt 107,000 the largest constituency and Western Isles 23,000

6. Electoral Act 2008 - reduced age to 18; 50k cap in donation nad laon of 150 million over the life of parliament and 20 million in general election

7. R v Tronoh Mills Ltd (2005) = Distinction between encouragement and discourangement



Major milestones in the Development of the British Constitution

a) Tudor and Stuart period (1930-1700)
b) Republican Rlver - Oliver Cromwell 1659
c) Williams and Mary of Orange - 1689 - Bill of Rights Act 1689
d) Act of Settlement - 1700
e) Acts of Unions - 1706 & 1707 - Scotland
f) Act of Union 1800 - 1924 (Republic of Ireland)
g) Elizabethan Period (1500 - 1603)
h) World Wars (1914 - 1945)
i) Council of Europe - 20th Century
j) Parliament Acts 1911 & 1949

Sources of Constitution

A. Acts of Parliament

1. Representation of People Act 1983 (for election matter)
2. Local Government Acts
3. National Securities & Terrorism Acts
4. Constitutional Reform Act

B. Common Law

1. Case of Prohibition (1607) The King has no power to act judicially
2. Case of Proclamations 1617 - The King cannot make law
3. Vauxhall Estate Ltd v Liverpool Corporation (1932) - In a case of
conflict between 1919 & 1925 act, the arguement of implied repeal
4. Anisminic case v Foreign Compensation Commission (1969) - Errors of
law and fact
5. Derbyshire County Council v Times Newspapers Ltd
6. Laws and Customs of Parliament
7. Royal Prerogatives
8. The European Conventiosns on Human Rights (ECHR)
9. The law of the European Community & Union

Ministerial Responsibility

1. Collective Ministerial responsibility i.e. vote of no confidence, absolute confidentiality was lifted in 1930 (when the parliament debated the state of the economy during depression0 and 1970s (When the parliament debate UK membership of the European Union)

2. Individual responsibility: Resignation, ministerial accountability and responsibility for administrative failure.

3. Authoritative work

4. 2007 Ministerial code makes it compulsory for minister to seek consent of the appointment committee before taking up outside appointment.

Separation of Power

1. Lord Chancellor - Executive legislative & judiciary

2. Executive

3. Judiciary

4. Legislative

5. Dimes v Grand Junction Canal Proprietors (1852) - bias You cannot be a judge in
your case

6. R v Bow Stream Pinochet (Amnesty Internationa) overturned previous decisins

7. M v Home Office (1994)

8. CCSU v Mins of Civil Services (1986) GCHQ case


RULE OF LAW


1. No punishement except breach of existing law - R v R (1991) - Redefinition of
sex in marriage

2. Equality before the law - exceptions are immunities to certain public officials
e.g, Police,Members of Parliament,Judges,Diplomats, etc

3. Rights and Freedom Protected by Common Law - Equal Pay, Sex Discrimination,Race
Relation, Malone v MPC

4. Entick v Carrington (1965) Illegal warrant by Rossminter (if statutory
requirements are met,it is lawful)

5. Malone v MPC; Malone v UK, Re.M

6. R v Secretary of State for Fire Bridgade (1995)
A v Secretary of State for Terrorism (2004)- Indefinite detention violated the
law (HRA)

ROYAL PREROGATIVE


Blackstone and Dicey definitions. The issue of undemocratic nature and the need for accountability and control.


Parliamentary Sovereignty


Bill of Right 1689
Dicey Analysis -Parliament can legislate on any subject; no parliament can bind its success; The legality of any law passed by parliament cannot be challenged in court. Exceptions in Pickin Case, R v R; R v Shaw and Burma Oil; European Union Act and Human Rights Act 1998.

1. B v Jones (Margaret) 2006: Court could not look into issues conducted under ...
and international laws could not be applied for local issues.

3. R (Bancourt) v Secretary of State for Commerce Affairs (2007). The court held the use of prerogative to flout court order is unlawful.

STRUCTURE OF GOVERNMENT

1. Crown - Prerogative; conventions

2. Privy Council

3. Prime Minister

4. Cabinet & Ministerial responsibility
Collective & Individual Responsibility and the following keys cases:

a) Crichle Down 1954 - the affected minister(s) resigned
b) Sachsenhauses 1968 - No resignation
c) 1982 Breach of Palace Security - No resignation
d) Escape from Prison - No resignation
e) Farkland War 1982 - No resignation
f) Transport inefficiency - Resignation
g) Iraq Wars 2003 - Resignation - Cook
h) Release of Prisoner - No resignation
i) Arms sale to Iraq - No resignation - Hutton Inquiry and Buttler Inquiry led
to no resignation

5. Civil Service - Key characteristics - Neutrality, anonymity and performance


6. Local Governments

a) Functions -Refuse collection, street lighting, recreation,schools, magistrate
court and local police
b) Control by Acts of Parliament
c) Greater London Authority Act 1996 & 2007
d) Norther Ireland Assembly
e) Scottish Parliament - Regional assembly for primary legislation
f) Welsh Assembly - Delegated legislation
g) Local Governemtn & Public Involvement in Health Act 2007


7. House of Commons







and led to the change of Law

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