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SQE 1 Cheatsheet Constitutional and Administrative law
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SQE 1 Cheatsheet Constitutional and Administrative law
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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
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