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Public law - Coggle Diagram
Public law
UK Uncodified constitution
Main principles
Separation of powers
Executive
Government (minsters members of HC/HL responsible for implementing the law.
Legislature
Parliament, HC and HL (law makers)
Judiciary
Courts ( ensures executive acts according to the law) they interpret the law// check on the executive judicial review
Rule of law (principles)
Government to act lawfully// RL not absolute but a principle. Par S Rule of law can depart from
No punishment's without breach of law
No person is above the law
Exception
Exception parliamentary privilege's // Minsters, speakers in Par
Retrospective legislation
[Other Principles
law should be accessible, clear and intelligible, predictable
The law must provide method for resolving civil disputes without disproportionate costs or delays
Procedures provided by the state for dispute should be fair
courts should be able to review implementation of other principles
Fundamental rights
- ( COMMON LAW/// certain rights, fairness - Parliament can interfere with act of Par, o
therwise court will seek to effect legislation by interesting with rule of law and fundamental common law rights
Human rights act 1998 - additional rights legislation should be interpreted in respect of HR, if not then court can decelerate incompatibility
Parliament may amend the act in compliance
Parliamentary Sovereignty
1. Parliament has the right to make or unmake any law whatsoever
Parliament can pass any act of parliament about any subject
Parliament can change it self with an act of parliament
Parliament / international law - voted intentional law// no effect on domestic law - binding on the UK as intentional law, to make it have domestic effect - needs to be incorporated into domestic law through an act of parliament
Parliament can make extra territoriality of acts of parliament (beyond the boundaries of the UK)
Parliament can make retrospective legislation (how the law applied in the past) legal acts could be illegal's
No one can set aside an act of parliament (courts can not set aside) (courts can strike down an unethical legislation - unconstitutional.
The court - presumption that parliament has intended to legislate accordance with the principle of the rule of law
The people, HC elected, mad laws, not voted again at the GE
2. No person or body is recognized as have right to override or set aside an act of parliament
The courts do no question the validity of legislation = the
Enrolled bill rule
if an act has passed the house of commons + lords and been granted the/ courts do not consider the process by which an act enacted/ even if, the court will still give effect to it
3. No Parliament can bind its successors
Parliament can repeal and act previous parliament express or repealed)
Implied repeal - parl has not made its intention clear but new legislation deals with the same matter as the old one 2 conflict (court effect later act)
Expressed real - expressed in the act
EU Membership - previously binding
Direct conflict - previously UK law was disapplied by court.
Judicial review - further parliamentary sovereignty and rule of law - ensures that public authorities act with in the powers granted to them, does not review the merits of the case but the legality within the law
Features of UK constitution
Constitutional principles
Parliament
Monarch, Crown and Royal prerogative
Central government and accountability
Devolution
Judicial review
Human rights act 1998
Public order law
Place of EU law in UK constitution
