public law lecture 6 overview of the constitution
TRANSCRIPT
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Public Law 1
Lecture 6An Overview of the Constitution
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The Separation of Powers
CONSTITUTION
LEGISLATURE
EXECUTIVE COURTS
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The Constitution Does not match the classical form
Developed piecemeal over time without
clear direction
Separate institutions but separation ofpowers?
Vague but:Parliamentary SupremacyRule of Law
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The constitution = Parliamentary
supremacy
PARLIAMENTHouse of Commons
House of Lords
The Queen
EXECUTIVE COURTS
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Parliament Parliamentary Supremacy - Parliament can change
every law and every constitutional rule
Two Houses the Commons is democraticallyelected
Four key roles: - form the Government
- support the Government
- legislate
- scrutinise the Government
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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
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The balanced constitution
PARLIAMENT
EXECUTIVECOURTS
The House of LordsThe Judicial Committee of
the Privy Council
The Supreme Court
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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?
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The wider constitution
PARLIAMENT
EXECUTIVE COURTS
OTHERS
Devolved bodiesLocal Government
The Ombudsmen
Royal Commissions
Inquiries
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The other institutions of the
constitution (formal) Devolution The Scottish Parliament, the
Assembly for Wales, and the Northern Ireland
ParliamentSee Background Notes 6 and 7
Local Government
Public Sector Ombudsmen
Royal Commissions Inquiries
Committee on Standards in Public Life
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The other institutions of the
constitution (informal) The media
Public protest and demonstration
The Civil Service
Academia and the arts
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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
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The modern constitution
A recipe for problems?
EXECUTIVE
PARLIAMENT COURTS
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The Constitutional Map
THE HOUSES OF PARLIAMENTThe House of Commons
The House of Lords
The Queen
THE COURTSThe House of Lords
The Judicial Committee of the Privy Council
THE EXECUTIVE
includes the Queen, the PM, the Cabinet, Minsters,Departments, civil servants, Next Step Agencies
QUANGOS
THE CONSTITUTION
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Suggested reading Study guide, chapter 3
Background Notes 6 and 7
Tomkins, Public Law chs. 2-3