Parliamentary sovereignty is one of the key and most controversial of the UK Constitutional principles. It started after the Bill of Rights 1689, where Parliament took the remaining powers of the Monarch. Since this was never written down in a constitutional code, the UK Parliament took unlimited powers of law making, just as the Monarch had before the Magna Carta 1215, only this time, they were elected officials. (more…)
When looking at an ECHR claim, it is important to first look as sections 6 and 7 of the Human Rights Act 1998. In these sections, it shines light on whether an ECHR claim is possible. In order to be able to bring a ECHR claim, a vehicle claim must be raised. This is where a Private law action is launched, which is usually Breach of Confidence or Misuse of Private Information. (more…)
Judicial Review is the process in which the Judiciary is about to keep check on decision makers, which does include their own decisions, as well as executive and on occasion decisions from parliament. In order to bring a public law claim, certain criteria must be met. (more…)
The Separation of Powers is a fundamental constitutional principle in the UK. This idea dated back to Ancient Greece where they believed that powers to function the state should be spread over different bodies to ensure that no one gained too much power. This was developed over time, where the French Philosopher Montesquieu further advanced the concept into the 3 bodies of state; the Executive, the Legislature and the Judiciary. (more…)
The Rule of law is one of the key constitutional principles in the UK. It is something that has been acknowledged by many statutes, both domestic and International. However, when looking further into what the rule of law actually is, there has been no firm definition given, which leaves it open to interpretations. (more…)
As previously mentioned, the UK parliament is made up on the House of commons, the House of Lords and the Monarch. (more…)
What is Public Law?
Strictly speaking, Public law is defined as the relationships between the state and the individual. However, it may be easier to think of everything that is not private is be public. Public law is a wide topic ranging from the constitution, to judicial review, to the supremacy of parliament and everything in-between, which I will be discussing in the following posts in a lead up to my examination of Public Law. (more…)