PUBLIC LAW SQE1 EXAM REVISION
SIMPLIFIED SUMMARY
Judicial functions of the executive
The Attorney General is the chief legal adviser to the
government and has a role in deciding whether to bring a
prosecution in individual cases - concerns about a conflict
of interest could arise between the inherent political
allegiance of any holder of the office and the wider
constitutional obligation to give independent, impartial
legal advice to the government.
The Home Secretary used to set tariffs for convicted
prisoners, but this changed in 1998
Until recently, the executive could decide some legal
disputes through tribunals that were funded and
administered by the same government departments
against whose decisions they heard appeals. This was
changed by the Tribunals, Courts and Enforcement Act
2007
The Lord Chancellor's role was reorganised under CRA
2005 to remove overlaps with the office's legislative and
judicial functions; the Lord Chancellor ceased to be the
Speaker or President of the House of Lords and the head
of the Judiciary in England and Wales
Role of the Attorney General
,The Attorney General is the chief legal adviser to the
government and has a role in deciding whether to bring a
prosecution in individual cases
Separation of powers - AG
Concerns about the possible impact on the doctrine of
separation of powers, as a conflict of interest could arise
between the inherent political allegiance of any holder of
the office and the wider constitutional obligation to give
independent, impartial legal advice to the government.
Levels of scrutiny given to delegated legislation
No scrutiny
Negative instruments: can become law without a debate or
vote in Parliament. They can be opposed and, in theory,
rejected but not amended by Parliament.
Positive instruments: subject to affirmative resolution.
They cannot come into effect until both Houses have
approved a draft SI in a vote
Reversing a judgment
A judgment is reversed if a case goes to appeal, and the
higher appeal court disagrees with the lower court
Overturning a judgment
A precedent is overruled if a superior court in a later case
decides the original precedent set in a past case is wrong
and sets a new 'correct' precedent instead
Also known as 'overturning'
Situations when CA can overturn its previous decision
If the CA came to previously conflicting decisions
If the CA's previous decision was made per incuriam
Overlap between the executive and the legislature
Government ministers do not have to be Members of
Parliament but, by convention, they usually are.
, The legislature selects and contains the political part of the
executive branch
Secondary legislation
Usual way in which legislation comes into operation
Through a commencement provision in the relevant Act,
giving the relevant Secretary of State the power to name a
commencement date by issuing a statutory instrument
Public Acts of Parliament
Also: general Acts
Relate to matters of general public concern
Private Acts of Parliament
Also: personal Acts
Relate to particular places or to particular people
Green Paper
For discussion
White Paper
Official government policy
Parliamentary scrutiny of secondary legislation
Parliament can either approve or reject a statutory
instrument but cannot amend it.
Parliament's role in considering an SI varies depending on
what is stated in its parent Act. The Joint Committee on
Statutory Instruments checks SIs to make sure they are
clear and follow the powers given by the parent Act.
Procedure for enacting an act of Parliament
First reading → 'second reading' → 'committee stage' →
'report stage' → third reading → same procedure in the
other House → royal Assent and commencement
Fire Brigades Union
The Home Secretary announced his intention not to bring
into force a statutory compensation scheme for criminal
SIMPLIFIED SUMMARY
Judicial functions of the executive
The Attorney General is the chief legal adviser to the
government and has a role in deciding whether to bring a
prosecution in individual cases - concerns about a conflict
of interest could arise between the inherent political
allegiance of any holder of the office and the wider
constitutional obligation to give independent, impartial
legal advice to the government.
The Home Secretary used to set tariffs for convicted
prisoners, but this changed in 1998
Until recently, the executive could decide some legal
disputes through tribunals that were funded and
administered by the same government departments
against whose decisions they heard appeals. This was
changed by the Tribunals, Courts and Enforcement Act
2007
The Lord Chancellor's role was reorganised under CRA
2005 to remove overlaps with the office's legislative and
judicial functions; the Lord Chancellor ceased to be the
Speaker or President of the House of Lords and the head
of the Judiciary in England and Wales
Role of the Attorney General
,The Attorney General is the chief legal adviser to the
government and has a role in deciding whether to bring a
prosecution in individual cases
Separation of powers - AG
Concerns about the possible impact on the doctrine of
separation of powers, as a conflict of interest could arise
between the inherent political allegiance of any holder of
the office and the wider constitutional obligation to give
independent, impartial legal advice to the government.
Levels of scrutiny given to delegated legislation
No scrutiny
Negative instruments: can become law without a debate or
vote in Parliament. They can be opposed and, in theory,
rejected but not amended by Parliament.
Positive instruments: subject to affirmative resolution.
They cannot come into effect until both Houses have
approved a draft SI in a vote
Reversing a judgment
A judgment is reversed if a case goes to appeal, and the
higher appeal court disagrees with the lower court
Overturning a judgment
A precedent is overruled if a superior court in a later case
decides the original precedent set in a past case is wrong
and sets a new 'correct' precedent instead
Also known as 'overturning'
Situations when CA can overturn its previous decision
If the CA came to previously conflicting decisions
If the CA's previous decision was made per incuriam
Overlap between the executive and the legislature
Government ministers do not have to be Members of
Parliament but, by convention, they usually are.
, The legislature selects and contains the political part of the
executive branch
Secondary legislation
Usual way in which legislation comes into operation
Through a commencement provision in the relevant Act,
giving the relevant Secretary of State the power to name a
commencement date by issuing a statutory instrument
Public Acts of Parliament
Also: general Acts
Relate to matters of general public concern
Private Acts of Parliament
Also: personal Acts
Relate to particular places or to particular people
Green Paper
For discussion
White Paper
Official government policy
Parliamentary scrutiny of secondary legislation
Parliament can either approve or reject a statutory
instrument but cannot amend it.
Parliament's role in considering an SI varies depending on
what is stated in its parent Act. The Joint Committee on
Statutory Instruments checks SIs to make sure they are
clear and follow the powers given by the parent Act.
Procedure for enacting an act of Parliament
First reading → 'second reading' → 'committee stage' →
'report stage' → third reading → same procedure in the
other House → royal Assent and commencement
Fire Brigades Union
The Home Secretary announced his intention not to bring
into force a statutory compensation scheme for criminal
