Public Law Notes
Constitutional Principles
Democratic accountability
o Key political decisions must be made by elected representatives
o Legitimizes Parliamentary sovereignty
Separation of powers
o Doctrine of SoP states that power should not be concentrated in the hands of any
single person or body [Leyland] to prevent tyranny [Madison]
o Division of labour: Each branch is allocated a function that they are best suited for
specialize in that area increase efficiency
o Three branches: Executive, Legislative, Judicial
o Parliament, Government & Courts perform distinct functions that are independent of
each other able to perform a checking function on each other prevents
excessive accumulation of power by one branch
Parliamentary sovereignty
o Parliament can make or unmake any Act as it pleases, on any subject it pleases
has absolute and unfettered legislative power
o An Act of Parliament is the highest form of law UK courts are bound to apply
o No court or person outside Parliament can challenge or question the validity of an
Act of Parliament
o Parliament cannot bind its successors
o Where two Acts of Parliament are inconsistent, the later Act impliedly repeals the
earlier Act, to the extent of that inconsistency
Rule of Law
o Lord Bingham: All persons and authorities within the state should be bound by the
law, and entitled to the benefit of laws public made
Respect for human rights
o Human rights recognized in the ECHR
o Human rights given effect through the HRA 1998
Constitutional Principles
Democratic accountability
o Key political decisions must be made by elected representatives
o Legitimizes Parliamentary sovereignty
Separation of powers
o Doctrine of SoP states that power should not be concentrated in the hands of any
single person or body [Leyland] to prevent tyranny [Madison]
o Division of labour: Each branch is allocated a function that they are best suited for
specialize in that area increase efficiency
o Three branches: Executive, Legislative, Judicial
o Parliament, Government & Courts perform distinct functions that are independent of
each other able to perform a checking function on each other prevents
excessive accumulation of power by one branch
Parliamentary sovereignty
o Parliament can make or unmake any Act as it pleases, on any subject it pleases
has absolute and unfettered legislative power
o An Act of Parliament is the highest form of law UK courts are bound to apply
o No court or person outside Parliament can challenge or question the validity of an
Act of Parliament
o Parliament cannot bind its successors
o Where two Acts of Parliament are inconsistent, the later Act impliedly repeals the
earlier Act, to the extent of that inconsistency
Rule of Law
o Lord Bingham: All persons and authorities within the state should be bound by the
law, and entitled to the benefit of laws public made
Respect for human rights
o Human rights recognized in the ECHR
o Human rights given effect through the HRA 1998
