Lecture notes
intro into Public Law
- Module
- Public Law
- Institution
- University Of Portsmouth (UoP)
Lecture notes of 2 pages for the course Public Law at UoP (Class notes)
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Public lawWhat is public law
- Public law is the collective name given to legal rules that govern ‘the relationship between
the individual and the state’. In other words, it is the law that specifies what the state (e.g.
the UK government, local councils, the police and armed forces, and other public authorities)
can do it relation to you and the rights you have in relation to the state.
- Public law is broken down into two main strands- constitutional law and administrative law
What is constitutional law
- The rules which regulate the structure of the principal organs of government and their
relationship to each other, and determine their principal functions – Wade, E and Phillips, G
constitutional Law (Longmans, London, 1931, 6 th edition( 1962 impression)
- Rules which determine how the government and local authorities work and what they can
do and how they relate to each other
- The law that deals with a countries constitution
what is a constitution
- A set of rules on How a country will be run
Different types of constitution
- Codified constitutions- sometimes referred to as ‘written constitutions’
- Uncodified constitutions- sometimes referred to as ‘unwritten constitutions’
Codified constitutions
- A country will have one single document in which constitutional rules can be found
- Countries with codified constitutions there will be no higher law. The constitution will be the
highest point of that countries legal order
- Countries with codified constitutions Brazil, India, Japan, Peru, Poland, France, Australia,
Thailand, The USA, The UAE, and Russia
Uncodified constitutions
- A country with an ‘uncodified’ constitution if it does not have a single document in which its
constitutional rules can be found, but instead has several different documents/ customs/
precedents/ laws that contain such rules
- A situation where all of a country’s constitutional rules are made up of a combination of
different sources
- Israel, New Zealand, Saudi Arabia, The UK
The unwritten constitution of the UK
- Many different sources make up the UK’s constitution including.
- Constitutional statues (e.g. The Human Rights Act 1998)
- The Royal Prerogative
- Judicial Decisions (i.e. the Common Law)
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