Other
SQE 1 Cheatsheet Constitutional and Administrative law
- Module
- Institution
SQE 1 Cheatsheet Constitutional and Administrative law
[Show more]
5 reviews
By: kevonwillis180 • 5 months ago
By: tessabergerchristensen • 8 months ago
By: rheakaur255 • 9 months ago
Seller was lovely and helpful!
By: benveversaberdeen • 11 months ago
By: gclarkielaw • 1 year ago
Seller
Follow
studentrechten1200
Reviews received
Content preview
CONSTITUTIONAL & ADMINISTRATIVE & EU LAW Sara AhmedCONSTITUTIONAL LAW PARLIAMENT
UK = constitutional monarchy PARLIAMENT = House of Commons + House of Lords + Monarch
The sources of UK constitutional law are underpinned by three key constitutional principles: House of Commons = elected
1. Rule of Law: laws should be applied fairly, should not have retrospective effect, and House of Lords = unelected
that the government should be required to comply with the law.
1. The legislature (or parliament) – the body that makes the law. KING
+ the House of Lords + the House of Commons.
2. Parliamentary Sovereignty: The highest form of law in the UK legal system is an Act of
Parliament. This means that the UK constitution does not have any entrenchment, as 2. The executive (or government) – the body that implements the
any constitutional law or rule can be changed by Parliament in the same way as passing law. KING +the Prime Minister + other government ministers + the
an ordinary piece of legislation. Parliament cannot bind its successors. A court has no civil service + members of the police and armed forces.
power to strike down an Act of Parliament.
3. The judiciary (or courts) – the body that resolves disputes about
the law. KING + all legally qualified judges, and magistrates (non-
3. Separation of Powers: the executive, the legislature, and the judiciary— are separate in legally qualified members of the public who deal with some
terms of both their function and their personnel. UK only partial follows this. criminal matters).
SOURCES BILLS
1. Acts of Parliament: Magna Charta + Bill of Rights +Human Right Act + Parliaments Acts 1. Government bills: These bills are bills submitted to Parliament as
etc. Laws that Parliament has enacted. part of the Government’s legislative programme. They are usually
listed in the Monarchs Speech at the start of a parliamentary session
2. Case law: The common law is an important source of some key principles of our and are usually public bills.
constitution.
2. Private members’ bills: These are bills introduced by MPs or Lords
3. The royal prerogative: Prerogative powers derive from the common law and are who are not government ministers. Although a very small minority
exercised by (or in the name of) the Monarch. The royal prerogative is essentially what of these ever become law due to lack of parliamentary time, they
remains of the absolute powers that at one time were exercised by the Monarch and sometimes create significant publicity regarding an issue so may
that have not been removed by Parliament. indirectly influence the Government’s legislative proposals.
4. Constitutional conventions: Constitutional conventions are a non-legal source of the 3. Private bills relate to matters of individual, corporate or local
constitution. Accordingly, the courts will not directly enforce them. interest, and affect particular persons and/or a particular locality (eg
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 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 studentrechten1200. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.58. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75619 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now