Lecture notes
Public Law 1 (LAW109) Lecture Notes
- Module
- Public Law (LAW109)
- Institution
- The University Of Liverpool (UoL)
Full lecture notes for Public Law 1 (LAW109). Includes cases, judicial opinions and academic commentary.
[Show more]
Seller
Follow
Content preview
LECTURE 1Basic Principles of the UK Constitution:
Constitutional Law: the set of rules/practices/institutions/processes
concerning power and accountability
In the UK, C. Law…
- Creates and regulates
- Empowers and controls
… the institutions of government
The Constitution – the legal and political system in which public power
exists and is used
LECTURE 2
Contemporary Controversies in the UK Constitution:
Miller and Brexit
Miller v. Secretary of State for Exiting the European Union (2017)
UKSC 5
Background:
- EU membership
- 23rd June 2016 – ‘in/out’ referendum
- Article 50 – members (of the EU) can decide to withdraw in
accordance to its own constitutional requirements
- Members should notify the EC of its intentions
KEY QUESTION: WHO HAD THE POWER TO FOLLOW UP THE BREXIT
RESULT?
Royal prerogative (government) v. Act of Parliament
- Found that “parliamentary sovereignty is a fundamental principle
of the UK constitution” (43)
- Hence an act of Parliament was necessary
Key issues:
- Extent of the royal prerogative (governmental power)
- Principle of parliamentary sovereignty
- Legal significance of referendums
Ongoing issues:
- EU (Notification of Withdrawal) Act 2017
- Can this be withdrawn in the event of a “no deal”?
- Wightman (2018) CSIH 62
- Brought about by Scottish MP
- Questioning the powers of devolved govs (esp. Scotland)
Calling the 2017 General Election
Background:
- May becomes PM post-referendum
, - Wants opportunity to establish legitimacy and clear
mandate for strong Brexit
- Fixed Term Parliaments Act 2011
- “I’m not going to be calling a snap election” (May)
- Pre-2011 position: Queen has power to dissolve parliament
by PM’s advice
- Post-2011 position: Early elections can be called on the
conditions that:
- Vote of no confidence in government
- 2/3 majority vote in Commons
Legal Issues:
- Relationship between statute and royal prerogative
- Idea of constitutional conventions
- Role of politics
Key Issues:
- Failure of the 2011 Act
- Aimed to limit the power of the PM but failed
- Irresistibility of politics
- Repeal, replace, reform, retain?
- Could have simply inserted an amendment specific to that
election as Constitutional law is not superior to other law
EU (Withdrawal) Act 2018 and the Scottish Continuity Bill
Background:
- Referendum and Article 50 notice given
- Part of the domestic preparation for leaving
- Making EU law automatically domestic law
WOULD MAKE ALL EU LAW UK LAW – too many laws to begin from scratch
Legal Issues:
- Broad secondary law-making powers delegated to the
government
- Gov can change old EU laws rather than having to go
through Parliament
- Limiting the competence of the devolved institutions in
Scotland/Wales/NI
- Powers of changing “EU law” restricted to Westminster
- Marginalising devolved powers e.g Scottish
parliament
Key Issues:
- Scotland refuses to consent to the 2018 Act
- Marginalises devolved institutions
- May lead to another Scottish independence referendum?
- However, still lawfully enacted by UK Parliament
- Sovereign power but usually limits itself to acting with the
consent of all devolved institutions
Ongoing Issues:
- Scotland enacting its own law
, - Contradicts parts of UK law
- UK withdrawal from the European Union (legal continuity)
(Scotland) Bill (March 2018)
- Attempts to retain powers so that the Scottish government
can have more say in the decisions of the UK Parliament
- Getting power back; demarginalization
- UK SC challenge July 2018
- Potential implications for Scotland
- Feel they have been “constitutionally isolated” from Brexit
process
- Another independence referendum?
Recurring debate – the role of the courts in deciding major political
debates
- Centre for legal and political disputes
LECTURE 3
- In Public Law, there cannot merely be a focus on law:
- “public law is applied politics” – W.I. Jennings
- Constitutional law also does not exist solely to limit government
- “the constitution is not a ‘suicide pact’” – Justice Robert
Jackson
- Not just something to defeat government and
prevent things from happening
A constitution is:
- A set of rules and practices
- Both legal and non-legal
- Providing a basis for gov in a state (or society/community etc)
Functions of a constitution:
- Constitutes and distributes public power
- Creating mechanisms of reliability
- Gives a government the appearance of legitimacy
Legitimacy: having the right to exercise power/ to rule
- The constitution doesn’t make the government legitimate; it acts
to persuade the people that the gov’s power is legitimate
- Acts as a legitimacy claim, e.g “We the people” in the US
Constitution
A constitution is always subject to revolution as it cannot protect itself
The challenge of UK ‘exceptionalism’
- Argued that the UK has no constitution
- Dangerous – open to elective dictatorship since all
legislation has equal power/ no sovereign laws
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 gemmawatson. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £10.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 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