Class notes
ALL Judicial REVIEW law notes! [Lecture NOTES]
- Course
- Institution
Notes from JR Con and Ad!
[Show more]
Seller
Follow
lawboss71
Content preview
Constitutionand
Administrative
Judicial Review
Notes
, Week 1
What is a constitution?
• A political constitution addresses the organisation of state, how legal order is
established. A constitution will also give effect to the values society regards as
important.
• A constitution will define a state’s fundamental political principles, establish the
framework of government of the state and guarantee certain rights and freedoms to
the citizens
UK Constitution- key characteristics
• The UK has an unwritten constitution in the sense that there is no single
authoritative written document which sets out how the Government should operate.
• The UK constitution is made up of a variety of different sources.
• The UK constitution is unitary- The Parliament at Westminster is the supreme law-
making body.
• The UK constitution is uncodified thus making it flexible
• The UK constitution has a largely informal separation of powers.
Core constitutional principles
• The UK constitution is based upon three core principles:
1) Rule of law
2) The separation of powers
3) The supremacy of Parliament
Rule of law
• There should be no arbitrary exercise of power by the state or government (all
actions by state or government must be permitted)
• Laws should be made properly following a set procedure.
• Laws should be clear.
• Laws should be certain
• There should be equality before the law
• The judiciary should be independent and impartial (the courts should be sufficiently
independent from the legislature and the executive so that judges can uphold the
law without fear of repercussions from the other branches of state)
Separation of powers
• The different branches of state are kept separate in terms of their functions and
personnel
1) The legislature (or parliament)- the body that makes the law
2) The executive (or government)-the body that implements the law
3) The judiciary (or courts)-the body that resolves disputes about the law
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lawboss71. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.77. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
80796 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now