Explore the crucial task of public lawyers in Public Law 1: critiquing and evaluating the operation of the constitution. This document provides a comprehensive analysis, identifying areas for improvement and recommending reforms. It covers separation of powers, checks and balances, judicial review...
- Ex. the law of the land cannot be altered except by or in accordance with an Act of
Parliament and that the Government cannot search private premises without lawful
authority
Brief Note 2:
First task of public lawyers: criticising and evaluating- and recommending changes to- the
manner in which the constitution currently operates
Why was Super Court called upon for Cherry v Miller?
- To reason from constitutional principles
Schools of Thought
- Foxes
- See constitutional principles as a matter of empirical historical record; (many
things)
- Hedgehogs
- Seek to ground their analysis in one big idea for others to derive their
intellectual justification
- Rude Little Boys
- Sceptics who claim to see what others don’t
- Helps as a standpoint to see shortcomings
- Humpty Dumpties
- Claim that behind our actually- existing constitutional principles that there lies
a set of coherent values
Important Principles: Self Standing Sources of Public Law
- Respect for the individual
- Most important within a liberal constitution is the idea that the government is
to promote the welfare of ALL i ndividual citizens, not just the interests of
select few
- Recognised through the idea of ‘rights’, all individuals are said to have legal
rights in their relationship with public bodies
- Legislative supremacy of Parliament
- Whatever legislation Her Majesty in Parliament enacts is law
- Important to liberal constitutions
- The Rule of Law
- Those that exercise public power must do so in accordance with the law
- Governments must act within the limits of the powers conferred upon them
and must abide by any legal restrictions on their activities
- Failure to do so means court or a similar body will find for a remedy
- Modern Take: principle of legality; expressed by Lord Hoffman in R v
Secretary of State for the Home Department, Ex Parte Simm [1999] UKHL 33:
“Principle of Legality means the parliament must squarely confront what it is
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