Lecture notes
ALL Judicial REVIEW law notes! [Lecture NOTES]
- Module
- Law (M100)
- Institution
- Aston University, Birmingham (Aston)
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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
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