Summary
Summary 01. Introduction and Sources of Constitution 1
- Module
- Public Law
- Institution
- Kings College London (KCL)
Public Law Module (First Year Law)
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Chapter 1 & 2 Constitutional and Administrative Law Bradley & EwingINTRODUCTION TO UK CONSTITUTION
Constitution
UK does not have a specific document, i.e. a “codified” constitution
A constitution is not the act of a govt., but of a people constituting a govt.
and govt. without a constitution is a power without a right
Assemblage of laws, institutions and customs derived from certain fixed
principles of reason, directed at certain fixed objects of public good
Collection of rules which establish and regulate or govern the government
Constitution regulates: Set out some constitutional fundamentals,
Relationship between citizen and state e.g. Rule of Law, Separation of Powers,
Relationship between institutions Sovereignty of People/Parliament
Constituent Assembly > Constitution
Executive, Legislature, Judiciary Primary Legislation Administrative
Decision Maker (e.g. minister, MPs) Secondary Legislation Citizen
Terminology
Democratic/undemocratic
Monarchical/republican
Presidential/parliamentary
Federal/unitary/asymmetrical
Flexible/inflexible (“entrenchment” vs. “constitutional amendment”)
“British Constitution” – Set rules that determines the operation of governmental
institutions
Historical (customary) evolution monarchy/PM (Executive) :
Cabinet/Parliament (Legislation) : Courts (Judiciary) primary legislation
(laws) administrative decision makers (ministers) secondary
legislation citizens
Does the UK have a constitution?
o Narrow sense = codified document that regulates the power of the state and does not
put the parliament at the supreme level
o Wider sense = document does not need to be codified (like in UK) uncodified
constitution still regulates the power of the state and rights of individual
Our system of constitution works in a sense as to how a constitution should
work
Written vs. Unwritten Constitution
Britain does not have an “unwritten” constitution – a good part of it is
written, but it is “uncodified”
What is a constitution?
A document having a special legal status which sets out the framework
and principal functions of the organs of government within the state and
declares the principles or rules by which those organs must operate
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