Public Law 1

Lecture 6
An Overview of the Constitution

rmk/lecture6 1
 The Separation of Powers

CONSTITUTION

LEGISLATURE

EXECUTIVE COURTS
rmk/lecture6 2
 The Constitution
• Does not match the classical form
• Developed piecemeal over time without
clear direction
• Separate institutions but separation of
powers?
• Vague but:
Parliamentary Supremacy
Rule of Law

rmk/lecture6 3
 The constitution = Parliamentary
supremacy

PARLIAMENT
House of Commons
House of Lords
The Queen

EXECUTIVE COURTS
rmk/lecture6 4
 Parliament
• Parliamentary Supremacy - Parliament can change
every law and every constitutional rule
• Two Houses – the Commons is democratically
elected
• Four key roles: - form the Government
- support the Government
- legislate
- scrutinise the Government

rmk/lecture6 5
 The business of governance

PARLIAMENT

EXECUTIVE COURTS
Includes the Queen, the PM,
the Cabinet, Ministers,
Departments, civil servants,
Agencies, QUANGOS
rmk/lecture6 6
 The Executive
• The decision-making and action branch of
the state
• A vast network of public authorities
• Separated for practical and constitutional
reasons
• The head of the Executive/government is
the PM

rmk/lecture6 7
 The balanced constitution

PARLIAMENT

EXECUTIVE
COURTS
The House of Lords
The Judicial Committee of
the Privy Council
The Supreme Court

rmk/lecture6 8
 Courts
• Key role: to provide redress against the
state by way of judicial review
• See Public Law 2
• Do the courts have the power to review
decisions of Parliament?
• To what extent is the judiciary independent?

rmk/lecture6 9
 The wider constitution

PARLIAMENT

OTHERS
Devolved bodies
EXECUTIVE COURTS Local Government
The Ombudsmen
Royal Commissions
Inquiries
rmk/lecture6 10
 The ‘other’ institutions of the
constitution (formal)
• Devolution – The Scottish Parliament, the
Assembly for Wales, and the Northern Ireland
Parliament
See Background Notes 6 and 7
• Local Government
• Public Sector Ombudsmen
• Royal Commissions
• Inquiries
• Committee on Standards in Public Life

rmk/lecture6 11
 The ‘other’ institutions of the
constitution (informal)
• The media
• Public protest and demonstration
• The Civil Service
• Academia and the arts

rmk/lecture6 12
 Oddities or weaknesses of the
UK constitution?
• The relative weakness of constitutional law
• An inadequate separation of powers
• The close relationship between the
legislature and the executive
• The election system

rmk/lecture6 13
 The modern constitution
A recipe for problems?

EXECUTIVE

PARLIAMENT COURTS

rmk/lecture6 14
 The Constitutional Map
T H E C O N S T IT U T IO N

T H E E X E C U T IV E
in c lu d e s th e Q u e e n , th e P M , th e C a b in e t, M in s te r s ,
D e p a r tm e n ts , c iv il s e r v a n ts , N e x t S te p A g e n c ie s
QUANGOS

T H E H O U S E S O F P A R L IA M E N T THE CO URTS
T he H ouse of C om m ons T h e H o u s e o f L o rd s
T h e H o u s e o f L o rd s T h e J u d ic ia l C o m m itte e o f th e P r iv y C o u n c il
The Q ueen
rmk/lecture6 15
 Suggested reading
• Study guide, chapter 3
• Background Notes 6 and 7
• Tomkins, ‘Public Law’ chs. 2-3

rmk/lecture6 16