Lecture notes

Lecture notes Law (LLB)

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Module
(LLB)

Institution
University Of Winchester (UoW)

these lecture notes provide everything you will need to complete first year of university for public law. I have broken down each subject regarding public law in different files to provide more detail.

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Uploaded on November 22, 2023
Number of pages 3
Written in 2023/2024
Type Lecture notes
Professor(s) Julian
Contains Public law

constitution
devolution
government
human rigths
judicial review
parliament
separation of powers
the monarch
the rule of law
uk eu membership
royal prerogative
what is public law

Institution University of Winchester (UoW)
Education Unknown
Module (LLB)

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What is a constitution?
Definition: a constitution is the highest source of powers within a system of government.it
is a collection of rules that identify, regulate, and govern the manner in which the
institutions of a state operate and relate to one another. It draws the parameters within
which a relationship between the state and individuals can be fostered.

According to Paine a constitution authorises and limits government action insofar as its
provisions and principles determine the establishment of that government, the powers with
which it is blessed, and the manner in which it can use those powers. On this basis,
constitutions make provision for individual rights; they legitimise and set out the scope of
executive power and form the foundation for the relationships between the institutions of a
state as well as between citizens and those institutions. Paine also emphasises the notion of
‘people constituting a government’ as being important. This does not only underlines the
fact that a constitution should be regarded as more powerful than any governmental or
legislative institution, but also that democracy should be at the very heart of the system.

Constitution is also defined as “a body of rules, conventions and practices which describe,
regulate or qualify the organisation of powers and operate of government and the
relations between (individuals) and public authorities.”

Descriptive statement Normative statement
Factual Ideal
Descriptive Prescriptive
Verifiable Justifiable
True or false May say that something is better or worse

Constitution described
- Can be a written document
- Can be the rules
- Written or unwritten
- Formal or informal
- Fair or unfair
- Democratic or undemocratic
- Which relate to the relationship between the government and the people, and the
different institutions of government.

When do people write constitutions
- When they gain independence from a colonial ruler. Eg Australia 1901
- Revolution. Eg France
- Overthrow of a dictator. Eg Iraq 2005
- Separation from an existing state. Eg south Sudan
- The document that unifies and forms the basis the state.. ‘ we the people’

What is included in constitutions?

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