Public Law Lecture 1&2

[audio 1 & 2]

Public Law [link] is an area of study concerned with the relationship between
law & politics. 2 broad categories emerge:

 Constitutional
 Administrative

However, in reality it is very subject specific (eg: social security, immigration).

Today Human right is of growing importance (eg: Human Right Act 1988)

Q: What is the law?

A: Define area of law (Public or Contract), then identify it’s type.

o Hard law (mainly in contract): legally binding, enforceable in court

o Soft law: not binding, doesn’t have the force of the law. (eg:
constitutional conventions)
o Higher laws: Constitutional laws > Parliament Laws

The Hierarchy of law serves the purpose of protecting great larges

ideas (eg: fundamental rights).

Q: What is the Constitution?

 Written (Fr) or Unwritten (Uk) document.

 Regulate Institutions operations
 Symbolise a new start (eg: political regime type, end of a war)
 Has a special legal status
 Has overriding force (if an act contravene the provision of a
constitution, it will be ruled out).
 Protects key freedoms & Liberties (  called “rights” more generally in
rest of Europe). Eg: First Amendment, freedom of speech [link]
 Sets down the values, codifies the rights and duties of citizens
Public Law Lecture 1&2

In the Uk those characteristics can be found in several sources. There is not a

codified document incorporating all of the above.

Q: Is there a need of having a written

document to protect the constitution?

The Division of Powers

 Legislative: Making the law

 Executive: Administering the law
 Judicial: Interpretation of the law

Some of those powers can overlap. The constitution takes care of allocating
those powers to different institutions, so that it creates check & balance.

The other purposes are:

 Check & Balance

 Protection of Individual Rights
 Regulations of Institutions & Governement
 Defines Amendment procedures
 Allocation of power.

Q: Recall the 5 purposes of a constitution?

Understand: Constitutionalism [link]

Public Law Lecture 1&2

Characteristics of the British Constitution

 Unwritten / Un-codified
 Different sources
o Statute of Parliament
o Cases from the House of Lords
o Non legal (eg: conventions)
 Binding on those whom they apply
 Not enforceable by courts
o Flexible.