PUBLIC LAW LECTURE 6 OVERVIEW OF THE CONSTITUTION

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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