Lecture 1: UK Constitution and its Core Institutions

What is Public Law?

Oxford Dictionary of Law, 7th Edition:

That part of the law that deals with the constitution and functions of the organs of central and
local government, the relationship between individuals and the state, and relationships between
individuals that are of direct concern to the state.

Not Private Law

Oxford Dictionary of Law, 7th Edition:
That part of the law that deals with such aspects of relationships between individuals that are
of no direct concern to the state

Scenario 1: Paul sues LadsLadsLads Builders for a defective extension to his house
Answer: Private Law because it is a contractual claim between private parties individual &
business

Scenario 2: Patricia is arrested by PC Peter for causing a breach of the peace

Answer: Public law because deprivation of individual’s liberty by state

Scenario 3: Percy argues that making fox hunting a criminal offence breaches his right of
freedom of association
Answer: Public Law because restriction of individual’s human right by state

Scenario 4: Patrick sues Phillip for personal injuries sustained in a road traffic accident
Answer: Private Law because action brought in tort of negligence by one private party against
another

Scenario 5: Merel reports Dale to the Police for harassment and body shaming her via social
media
Answer: Public Law because action brought in criminal court

Scenario 6: Jimmy claims that Weyford District Council failed to follow the proper procedure
when considering his application for housing benefits
Answer: Public Law because state failed to act lawfully in considering private party’s
application

Scenario 7: Guildshire County Council serves a notice on Peter informing him that it intends
to make his farm the subject of a compulsory purchase order so that a new road can be built
Answer: Public Law because sale of individual’s land forced by state

What is a Constitution?
A Constitution is a set of rules governing how members of a group or organisation should
behave
What should a Constitution of a country include?
Constitution of a country is different. It is a set of rules governing how the country operates
and who makes the rules. The most important things to include in the constitution are:
1. How the Government works;
2. The role and powers of different branches of state; and
3. The rights of citizens

Types of Constitutions

Consider the
following pairs

Written/ Republican/ Federal/ Flexible/

Unwritten Monarchical Unitary Rigid

Written and Unwritten

- Written Constitution
o Members of Parliament; politicians and/or statesmen try to codify all important
laws and rules
o Single document
o Ideas derived from other states such as USA and France
o No one type of constitution

- Unwritten Constitution
o Uncodified constitution
o UK, New Zealand and Israel
o Different sources of law
o Collection of constitutional statutes: Human Rights Act 1998 and European
Communities Act 1972
o The instrument of Government 17th Century
 Oliver Cromwell

Republican/ Monarchical

- Republican
o No Monarch
o One member of Parliament/ Congress given significant political power
o France, USA, Pakistan
o Head of state represents the nation as a whole
 - Monarchical
o King or Queen (Unelected) reign over their subjects
o UK Constitutional Monarchy
o Lord Bingham
The political power of the monarch has diminished to vanishing point, since the
personal directions which remain are very limited, must be exercised according
to clearly-understood principles and cannot be regarded as an exercise of
independent power in any ordinary sense.
o Prerogative Powers

Federal/ Unitary

- Federal
o Bigger geographies
o Difficult to govern with only a central governmental system
o Division between provincial/ states
o USA, Pakistan, Canada
o Provincial legislatures
o Conflict between the two

- Unitary
o Smaller geographies
o Easier to govern with just a central government
o Ireland, UK
o Weaker local governments
o UK
 Majorly Unitary
 However, recognises the strength of the Scottish Parliament
 Devolution
 Multi-layered form of government

Flexible/ Rigid

- Rigid
o No room for amendment of constitution
o Mostly with states that have a written constitution
o Conflict between branches of state
o USA (Gun Laws)

- Flexible
o Room for manoeuvre and improvement
o Changing the powers of state etc.
o UK
o Devolution
o European Union joined and now left
o Human Rights Act 1998
o ECA 1972
 Structure

Courts

Lowers Courts  Court of Appeal  Supreme Court

Although UK has a Supreme Court. It is not a guardian of the constitution. The Supreme Court
is subject to Parliament and does not have the power to challenge the constitutionality of Acts
of Parliaments.
- Entering the EU
- ECtHR decisions
- Hirst v United Kingdom (2005)

Parliament
- Cabinet: Two Houses
o House of Lords (Upper House)
o House of Commons (Lower House)
- Head of State: Prime Minister
o Member of the lower house
o Draws power from the Monarch (Prerogative Powers)
- Civil Servants
o Outside Parliament
o Administrative jobs
o Do not change when new Prime Minister comes in

Westminster Model
- Key features:
o Government is made from the House of Commons (Lower House)
o Parliament is Supreme, un-checked by a constitutional court
o Accountability of each member of parliament exists
- Direct Democracy
o Dictates that law making will have a greater acceptability to the voters if they
have a direct say in what laws will be made and what their content will be
o Challenge to the Westminster model which rests on the assumption that
assumption that law is best made by representatives of the people rather than
the people themselves
- Referendums
o Against Westminster model
o Joining the EU, Scottish Independence, leaving the EU
- E-Petitions
- Social Media