Overview Of Constitution
The UK’s Unwritten Constitution
Multiple Sources
Adherence To The Rule Of Law
Absence Of Constitutional Entrenchment And The Principle Of Parliamentary Supremacy
Judicial Inability To Nullify Legislation
4.1 Issuing a Declaration of Incompatibility
The Role Of Judiciary
5.1 Interpretation of Legislation
5.2 Development of Common Law
Monarchy And The Royal Prerogative
6.1 The Ram Doctrine and 'Third Source' Powers
The Role Of Constitutional Conventions
Devolution and the Union State
Parliamentary Framework and Governance
The Primacy of Parliamentary Sovereignty
1.1 The Unbounded Legislative Authority of Parliament
1.2 The Inviolability of Parliamentary Acts
1.3 The Principle of Non-Binding Successive Parliaments
1.4 The Impact of EU Membership on Parliamentary Sovereignty
The Principle of the Separation of Powers in the UK
2.1 The Legislative Branch of the UK
2.2 Executive
2.3 The Judicial Branch
Rule of Law
3.1 No Punishment Without Breach of Law
3.2 Equality Before the Law
3.3 Exception of Parliamentary Privilege
3.4 The Issue with Retrospective Legislation
3.5 Additional Aspects of the Rule of Law
3.6 The Status of Fundamental Rights
3.7 Human Rights Act 1998
3.8 The Role of Judicial Review
Parliamentary Structure
1.1 The House of Commons
1.2 The Election Process
1.3 Composition of the House of Lords
Primary Legislation
2.1 The State Opening and the Queen's Address
2.2 The Curtailment of Parliament: Prorogation
2.3 The Procedure for Enacting Legislation
2.4 Commencement
2.5 Modification, Revocation, and Expiry Provisions
Secondary Legislation
3.1 Definition of Secondary Legislation
3.2 How Secondary Legislation Is Created
3.3 The Scope and Use of Henry VIII Clauses
3.4 Judicial Review of Secondary Legislation
Parliamentary Privilege and Freedom of Speech
4.1 The Sub Judice Rule and Parliamentary Conduct
4.2 Exception to Privilege
The Idea Of The ‘Crown’
1.1 The Monarch's Functions
The Extent Of Royal Prerogative
2.1 Governing Principles Of Royal Prerogative Authority
Current Royal Prerogative
3.1 The Exercise Of Ministerial Prerogative Powers
3.2 Personal Prerogative Powers
3.3 Miscellaneous Prerogative Powers
3.4 Legislative And Judicial Prerogatives
Statutory Regulation Of The Royal Prerogative
4.1 International Treaty Ratification
Regulation Of Royal Prerogative By Constitutional Conventions
5.1 The Cardinal Convention
5.2 Deployment Of Armed Forces
Appointment Of Prime Minister
6.1 Majority In House Of Commons
Overview
Role And Powers Of The Prime Minister
2.1 Structuring Government And Overseeing The Civil Service
2.2 Prime Minister's Constitutional Functions
2.3 Oversight Of National Security And Intelligence
2.4 Armed Forces
2.5 Diplomacy And International Negotiations
Government Ministers
3.1 Conventional Restrictions
3.2 Political Restrictions
The Cabinet
4.1 Cabinet Composition
4.2 Cabinet Functions
4.3 Substructure Of The Cabinet: Cabinet Committees
4.4 Principle Of Collective Responsibility And Confidentiality
4.5 Evolving Practices In Government Decision-Making
Structure Of Government Departments
5.1 Ministerial Leadership
5.2 Law And Policy Governance
5.3 Policy Formulation
5.4 The Civil Service Backbone
The Privy Council
6.1 Privy Council Duties
6.2 Appointments
6.3 Privy Council Assemblies
6.4 The Judicial Committee
Ministerial Responsibility And The Imperative Of Accountability
7.1 Collective Responsibility
7.2 Individual Responsibility
7.3 Parliamentary Accountability
Definition Of Judicial Oversight
1.1 Key Considerations In Judicial Review
Prerequisites For Judicial Oversight
2.1 Conditions for Applying for Judicial Review
2.2 Presence of a Contract
2.3 Adherence to Proper Procedures
2.4 Impact on Claimant's Situation
2.5 Adherence to Time Constraints
2.6 Exclusivity of Procedure for Public Law Matters
2.7 Reviewability of the Issues Presented
2.8 Fact-based Disputes
2.9 Standing Requirements for Judicial Review
2.10 Judicial Oversight as a Last Resort
Illegality as a Ground for Judicial Review
3.1 Ultra Vires Actions
3.2 Misinterpretation of Legal Principles
3.3 Compliance with Legal Duties
3.4 Unauthorised Power Delegation
3.5 Relevant Considerations
The Notion of Procedural Impropriety in Judicial Review
4.1 Mandatory vs. Directory Procedural Requirements
4.2 Common Law Procedural Requirements
The Concept of Legitimate Expectations in Public Administration
5.1 Precedence as a Basis for Legitimate Expectation
5.2 Substantive Versus Procedural Legitimate Expectations
The Thresholds of Unreasonableness and Irrationality in Decision-Making
6.1 Proportionality in Human Rights and European Union Law
Judicial Remedies
7.1 Combining Remedies for Comprehensive Justice
7.2 The Discretionary Nature of Remedies
The Dynamic Relationship Between The European Convention On Human Rights And The Human Rights Act 1998
Dissecting HRA Section 1—The Incorporation Of The Convention's Rights Into Domestic Law
2.1 Absolute Rights
2.2 Exploring Limited Rights
2.3 The Scope of Qualified Rights
2.4 The Principle of Proportionality
2.5 Judicial Deference
2.6 The Margin of Appreciation Doctrine
2.7 The Living Instrument Principle and Its Implications
2.8 The Concept of Derogation Under the ECHR
The Role of Section 2 of the HRA in Interpreting Convention Rights
The HRA's Section 3 and Its Impact on Legislation Interpretation
Section 4 and Declarations of Incompatibility
5.1 Addressing Incompatibilities
Section 6 and Its Enforcement Against Public Authorities
6.1 Clarifying the Definition of a Public Authority
6.2 Further Exclusions and Conditions
Section 7 and Legal Proceedings Against Public Authorities
Section 8 and Available Remedies
Combating Discrimination Through the ECHR and the Equality Act 2010
9.1 Article 14 of the ECHR and the Prohibition of Discrimination
9.2 The Equality Act 2010 and Its Additional Safeguards
The Interplay Between ECHR and HRA
Breach of the Peace
2.1 Upholding the ‘Queen’s Peace’
2.2 Criteria for a Breach of the Peace
2.3 Breach of The Peace in Private and Public
2.4 Police Response to Breach of The Peace
2.5 Imminence of Harm
2.6 Authority to Impose Binding over Orders
Regulation of Public Processions
3.1 Notification Requirement for Processions
3.2 Details of Notification
3.3 Exemptions From Notification
3.4 Authority to Impose Conditions on Processions
3.5 Legal Ramifications for Non-Compliance
3.6 Prohibition of Processions
Regulation of Public Assemblies
4.1 Offences Related to Public Assemblies
4.2 Prohibitions on Trespassory Assemblies
European Union
1.1 Entities
1.2 Policy Domains
EU Legislation
2.1 Foundational Treaties
2.2 Subordinate Legislation
2.3 Supremacy Principle
2.4 Principle of Direct Effect
European Communities Act 1972
3.1 Incorporation of EU Laws Into Uk Law
3.2 Establishment of EU Law Supremacy
Brexit
The Withdrawal Agreement
European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020
6.1 EU Law Continuation During Transition
6.2 Preservation of EU Law Post-Transition
6.3 Types of Retained EU Law