Summary
LAWS08123 Public Law of UK and Scotland Summary Notes Week 1 Lecture
- Module
- LAWS08123
- Institution
- The University Of Edinburgh (ED)
LAWS08123 Public Law of UK and Scotland Summary Notes Week 1 Lecture
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Public Law of UK and Scotland Lecture NotesWeek 1 Lecture 1
Defining the UK
It’s a constitutional monarchy
It has a number of components: England, Scotland, Wales and Northern Ireland
When in 1603 the crowns of Scotland and England were united the two parliaments remained.
The claim/bill of rights of 1689 tried to establish the foundations of the rights of parliament:
Freedom of speech during a parliamentary debate, freedom of civil arrest, etc.
1707 was the union of the two parliaments. This was especially important for matters of trade. A
common parliament was established, but the church, the legal and educational system remained
separate.
1800 act of union added the Irish to the UK
1922 Ireland became independent.
In 1931 Westminster allowed the old common wealth (Canada, New Zealand and Australia) to
legislate for itself.
1947-1978 Decolonization
1972 European Communities act, the UK joins the European Community.
1998 Scotland Act and the Human Rights Act
Definition of constitution
Dictionary: Concession of the part of the sovereign power, framed in a document. It is assumed or
specifically provided that the constitution is more fundamental than any particular law
Broad: By Constitution we mean whenever we speak with propriety and exactness that
assemblage of laws in situations and customs derived from certain fixed principles of reason…
that compose the general system according to which the community has agreed to be governed.
One way is saying that the UK has no constitution or it fits more closely to the second definition.
Week 1 Lecture 2 16.1.14
Substance of Constitutional Law
Axa General Insurance and others v The Lord Advocate [2011] very important case
There are provisions for institutions of government:
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