PUBLICLAW:---

What is law?
Not only justices some rules and regulation that has been avide by a nation,a
society,operated,regulated,enforced,execize and obligated by a higher authority.

Macro purpose or function ------big things

Micro purpose or function ------- littile things in justice

If micro function not happened than macro function not gonna happened.

State---->1.Excuitive 2. Legislature 3. Judiciary

Executive :-- Gov’t, PM, Minister, Civil Servants, Army, Police

Legislature:-- Parliament, Queen, speaker, MPS

Parliament got two parts House of Common, House of lords

Hoc got 63 sites one represent one area

Legislature: can make laws

Executive: implement laws and

When Executive won’t make laws they give their duties to delegated legislature

When Gov’t make any laws we called them secondary legislature laws

Legislature : Parliament/ statute/ Act-o-Parliament

When Legislature make laws we called them Primary laws.

CHAPTER----8
Critically evaluate the legislature process of making primary legislation.

Critically evaluate the process of making delegated legislation.

Discuss the function and the powers of the HOL and HOC in making primary and delegate legislation
 CHAPTER-----1
How to make bill?
The rought proposal is known as a green paper.When green paper amend and take feedbacks from
public it’s turn into white paper.

Before a bill is produced a green paper is written which is basically a draft of the bill but it’s purpose is
purely to put the ideas forward so feedbacks can be reived from other interest partees.

Green paper it contains a rough proposal and it’s a government document the purpose of it is to see
feedbacks and generate discussion.

White paper is revised and improve veersion of green paper and it’s the form the basis of the bill which
propose in the parliament .

Bills type:- Public,private,Hybrid

Definition : public bill which is affect whole public at large

Example : A bill that is propose to rise tax

Definition Private bill which is affecting private group or specific group.

Example : University of London act

Definition:The hybrid bill is a bill that contain the characteristic of both public and private bill.

Example : the canal tunal act 1987 is a example of hybrid bill

The cross rail bill which talks about a construction of railway link that connect the east and west of
London is also hybrid bill.

THE FIRST READING :- A SHORT TITLE HAS BEEN READ HOC AND THERE IS A LONG TITLE TOO.

TODAY WE ARE DISCUSSION THE ANIMAL WELFARE BILL

THE SECOND READING : EVERYTHING THAT HAPPENED IN THE LEGISLATURE PARLIAMENT .THEY DO IT
BY JUDGING THE BILL , OPPOSITION AND GOVERNMENT PARTEE DEBATE ON THE BILL , THEY TALK
ABOUT THE ADVANTAGE AND DISADVANTAGE OF THE BILL, AFTER THAT THE BILL WENT TO THE
COMMITTEE .

COMMITTEE IS GROUP OF PEOPLE FORM BY THE PARLIAMENT NOT EVERYONE ON THE PARLIAMENT
GOING
TO JOIN IN THE COMMITTEE. THERE AROUND 16 POPLE.

IN THE ACT OF EUROPEAN UNION EXIST EVERY PARLIAMENT JOIN IN THE COMMITTEE TO EXPRESS
THEIR OPINION.

COMIITMENT OF ASSEMENT IS CALLED THE PINKPONG STAGE

PARLIAMENT ACT DESCRIDE THAT FOR MONEY BILL HOL CAN DELAY THE BILL FOR 1MONTH

BUT GENERAL BILL THEY CAN DELAY THE BILL FOR 1YEAR.

THE LEGISLATURE PROCESS IS AS FOLLOWS

1ST READING

2ND READING

COMMITTEE STAGE

REPORT STAGE

THIRD READING

THE STAGES ARE SIMILER IN BOTH HOC AND HOL APART FROM THE FIRST READING COMMITTEE STAGE
AND THE THIRD READING

THE DIFFERENCES ARE AS FOLLOWS

1. IN THE HOC, THE SHORT TITLE IS RED OUT IN THE FIRST READING WERE AS IN THE HOL THE
LONG TITLE IS RED OUT
2. IN THE HOC AT THE COMMIITEE STAGE A SMALLER GROUP OF MPS WILL CONSIDER THE BILL
AND DETAIL EXAMINATION OF THE BILL AND BILL TAKE PLACE.HOWEVER THE EXCEPTION IS
WHEN THE BILL OF FRST CLASS CONSITATION IMPORTANTS WHICH ARE BEING CONSIDER
HEARED THE WHOLE HOUSE USALLY CONSIDER THE BILL.
FOR EXAMPLE: THE EU WITHDRAWL ACT 2018 AND THE SUCCESSION TO THE CROWN ACT 2013
ARE THE EXAMPLE OF ACT WHICH WERE CONSIDER BY HOC IN THE COMMITTEE STAGE
3. IN THE THIRD READINGS THE HOUSE OF COMMONS WILL NOT MAKE SUBSTANSIAL CHANGES
AND THE DEBATE ARE VERY SHORT AND LIMITED TO WHAT TO ACTUALLY IN THE BILL INSTEAD
OF WHAT MIGHT HAVE BEEN INCLUDED ON THE OTHER HAND THERE IS NO SUCH A LIMITATION
WITH REGARD TO WITH EMENDMED IN THE BILL THAT CAN BE MEET TO THE BILL IN THE THIRD
READING STAGE WHEN IT COMES TO HOUSE OF LORDS.

QUSTION : WHICH IS THE MORE POWERFULL HOUSE WHEN ITS COMES TO MAKING PRIMARY
LEGISLATION?
 ANS: HOUSE OF COMMON, BECAUSE THERE ELECTED INSPITE OF SELECTED BESIDE IT THERE
ALWAYS REPRESENT THE OPINION IN THE PARLIAMENT AND THEY CAN CONTROL THE HOUE
OF LORD BY BYPASSING THE HOUSE OF LORD BUT HOUSE OF LORD CAN NOT BYPASS.
MAAM ANS: HOUSE OF COMMON IS MORE DOMINATE HOUSE AS HOUSE OF COMMON CAN
BYPASS THE HOUSE OF LORD .IF MONEY BILLS ARE DELAY FOR MORE THAN 1MONTHS and
Any OTHER THE BILLS are delayed for over a year ACCORDIING to parliament act 1949 . THE
PARLIAMENT ACT 1949 HAD AMENDED THE PARLIAMENT ACT 1911 WHERE THE DELAY
PERIOD WAS 2MONTHS FOR MONEY BILL AND 2YEARS FOR NON MONEY BILLS THAT WHY
HOUSE OF COMMON IS MORE POWERFULL.

PUBLIC LAW
WHAT IS CONSTITION ?

WHAT IS CONVENTION?

WHERE DO WE FIND OUR RULES AND REGULATION WRITTEN?

Public law
15 september 22

Tashin miss,

Apart from the act 1911 salvis bury adddison convention state that when member of parliament is
manifesting something in his vote house of lord can not disobey that !

The salvis bury Addison convention dictate that the house of lords should not opposs or reject
proposals that have been put to the electoret in their manifestos.

Post-legislative scrutiny
It is a act where electoret see how much he success in his voting objectives

Law commission can only sggest the parliament to change the laws of nation but they cannot change or
make the laws.

In 2006, the law commison in the UK propose a system by which government department would
examine how effective legislation have been at achieving its objective, however the problem is that
there is not enough political bill to do so and the focus remains on getting legislation made and not
checking on how well they have been implemented.
 Chapter 8
Delegated legislation:
Delegated legislation transferring the law making power to the delegate when the parliament is busy in
something they give their power to the excuitive under them to make law.

Delegated legislation divided in 3 part/ there 3 main type of delegate legislation -

1. Bye- law
2. Statutory instruments/ Sis
3. Orders in council

What is bye-law?
The law that make by some local council for local area. Bye laws are laws made by local council or local
authority

What is statutory instruments?

The law make by government lawyers when they draft a statutory law. Statutory instruments are laws
that are drafted by specialist lawyer of government department to implement the provision made In the
primary act . the statutory instruments can be devided in three category –

1. Rules: its talks about the court process!

2. Regulation: regulaton are made to fill in any gap in the main act.
3. Commencement orders: its about the laws that given to excuitive by the parliament to active
the act to implement. This is a power delegate to the excuitive to decide when the provision of a
statute should come into forced.

What is orders in council?

Law made in emergency conditions

The advantage of delegate legislation:

1. the process of delegate legislation its save time. It is not complicated as primary legislation it is
lot more flexible and an be passed more quickly. Where parliament passed about fifty statute a
year, about 3500 statutory instruments are passed in a year.

Disadvantage of delegate legislation

1. since a huge quantity of delegate law made in each year its become totorily crutinaize
/examine /check delegate. Editionally, its also make it very difficult for public to be inform about
all the delegate laws that are made each year when they are passed in bulk.
 Public law
22/09/22 by tashinnoor

Secondary legislation:
Secondary legislation create by minister under the law that given by an act of parliament

Delegated legislation can review by 2part : 1st one is by court 2nd one is by parliament

Scrutiny of delegated legislation:

the court can review scrutiny of delegated legislation. Delegated legislation can be review/scrutiny in
two ways.

1. By the courts
2. By the parliament

Judicial scrutiny:
Courts can review the delegate legislation and declare them invalid if the excuitives make laws by acting
beyond the powers that is given to them in a statute.

For Example: For instance , Alysbury mushrooms case the delegated legislation was declare invalid by
the court as the delegated legislation was not made following the procedures mention in the
inenabling act.

In Deeley limited, the high court invalidated the regulation since the tex commissioner had acted
beyond the powers given in the statute.

A fire brigades union, the home secretary had acted unlawfully in making of a compensation scheme
that was in the contradiction to the parliamentary statute. the courts held that the home secretary did
not have the power to do so and had a duty to bring the provisions state in the criminal justices act 1988
into forced and keeping the commencement order under review/scrutiny.(Henry eight cluaes )

Constitutional reform and government act 2010 should download and read it and bring up with henry
eight clause section ,sub-section and everything about it.

Parliamentary scrutiny happened in two ways:

1.afirmative procedure: if both of the house agree with the delegated legislations act it called as
affirmative procedure.

2.negative procedure: negative sis do not need active approval by parliament usally negative sis are
made (signed by the minister ) before being laid in parliament .

End……
 24/09/22 Class by farhan sir

Constitution:
Pro.king : constitution is the set of the most important rules that regulated difference.

Constitution> most important> regulated> difference part of govt> legislature>juciary> excuitive

What is the constitution: it is the superior law. When other law rival with the constitution law
constitution law will always win beside it, it the most superior and other law is inferior.

[marbury vs madison] Anything which is beyond constitution is will be erased but in UK is wouldn’t be
apply.

Page 6-7 of nil pherpworth,

Constitution can be written or unwritten its can be flexible or resist beside it, it can be monarchy or
republic/democratic and also it can be presidential and parliamentary and federal and unity.

What kind of parliamentary of UK?

ANS: Monarchy constitutional.

Where UK law written?

ANS: Its generally scattered in many parts basically it scattered in 5parts-

1. Statute
2. Convention
3. Parogratives [ kings rules that were scattering from past]
4. Treaties[ like ECHR or EU]
5. Case laws

He gave us a project to write a constitution of a new country!

29/09/22 class by tashin noor

DL EXCUITIVE MAKES LAW BACAUSE PARLIAMENT ALIVE

Act of parliament court (judicial scrutiny)

How can parliament know the act is affirmative or negative?

Ans : in the most of the delegate legislation the parliament almost choose the negative procedure over
affirmative procedure.

In the affirmative procedure both house have approve or say yes for the draft
Affirmative -- both houses have to approve for SI to become law-draft ____approved

Negative  either house has to reject  law reject  law negotiation

40days

Parliamentary committee:
They don’t have any power to reject or accept the SI but they just modified the SI.

06/10/22 class by tashin noor

Skeleton of primary legislation:

1. Define primary legislation
2. Elective dictatorship
3. The role of whips
4. The power balance: a. power of house of lords , b. power of house of commons
5. Pre-legislative and post legislative process ( problems and recommendations )
6. External resource: take information from blogs, article and etc.

Suggested article: mac russel, m.d. david gover page 77 of subject guide

Definations:
Define the primary legislation: the primary legislation or statutes made by the UK parliament which is
the highest form of law, since UK doesn’t have the codified law mean constitution. Laws made by the
parliament cannot be struck down by the courts of UK for being unconstitutional.

Most bills which are draft legislations are introduced by the government. However, they may also be
introduced by the individual members of House of Commons or House of Lords in which case, such bills
known as private member bills. Before the legislative process begins, draft bills can also be send for
three legislative scrutiny. Pre legislative scrutiny: this is a detail examination of draft version the bill that
is done by the parliamentary committees before the final version of the bill is drafted. However, it is
seen that in many cases government is unwilling to send bill for pre-legislative scrutiny in order to avoid
criticism. For instants/ for example above 150 civil organizations Conservative MPS and the member of
the opposition had demanded that the government should have send the BRITISH bill of right 2022.

Article:- what are they so afraid of --- MPS called for pre legislative scrutiny for the propose bill of right.

Once a bill is finalist, in order to it become an act of parliament, it will need a approval of house of
commons and house of lords and royal assent. However, royal assent is more over formality as it is
never refused. Since the convention dictated that the Monarch will always assent to a bill. The legislative
stages in the House of Commons and House of Lords are similar apart from first reading committee
stage and third reading.
H.W : explain the difference between the both houses by using the subject guide

Class by shariar sahdad sir

12/10/22

There are total mark of 100, 40 wll be pass mark, but if we we have score 79 ?

With chapter 2 chapters 6 6.4 will be teach together ..

Study module in order:

We will study chapter 2 with 6.4 after that chapter 3 after that we have to know about chapter11 the
biggest prb with public is its never come with stand alone question

Constitutional and administrative law book will bee better than other book.

UK CONSTITUTION

UNITED KINGDOM DIVIDED IN 4PART

ENGLAND GOT 86.4 % POPULATION IN UK! BEFORE 1688-89 THERE WAS A REVULATION AND MONARCH
BECOME LESS POWERFULL ….

WEST MINISTER MODEL: Electorate  Election MAJORITY SHOULD BE

ELECTED IN 326 SEATS PARLIAMENT FORM GOVERNMENT

Class by TASHIN NOOR

13/10/2022

MID TERM SYLEBUS

1. CONSTITUTUION
2. CONVENTION( IN SUBJECT GUIDE EXCUTIVE ) > CHAPTER 2
3. MINISTENTIAL RESPONSIBILITY > CHAPTER 6
4. PRIMARY AND DELEGATE LEGISLATION
WHEN UM WRITING A LEGAL I HAVE TO DEFINE THAT ONE, WE CAN DEFINE THEN AS
WE LIKE BUT OUR EXAM PAPER WILL BE EXAMINE BY SOME TOP CLASS EXPERT SO
WE HAVE DEFINE THEN IN TEXT BOOK BASIS

MARSHALL AND MOODIE

DEFINATION: RULES OF CONSTITUTION BEHAVIOR WHICH ARE CONSIDERED TO BE
BINDING BY AND UPON THOSE WHO OPERATE THE CONSTITUUTION BUT WHICH ARE
NOT ENFORCED BY THE LAW COURTS . “ IT’S A NON- LEGAL RULE”

1. convention only applicable to the political actors constitution

2. IF YOU BREACH A CONTRACT YOU CANT BE SUE

3. You are not bound to do something you always a choice but through the convention the
monarch don’t have any choices .

JENNINGS
DEFINATION: THEY PROVIDES THE FRESH WHICH CLOTHES THE DRY BONE OF THE
LAW ; THEY MAKE THE LEGAL COSNTITUITON WORK; THEY KEEP IT INTOUCH WITH
GROWTH OF THE IDEAS.

“CONSTITUTUION BASICALLY ALWAYS CHANGE WITH THE TIME IT WAS BASICALLY

SAID BY JENNINGS”

Different between the legal and non legal rule :

Ans :

1. For the breach of legal rule the political actors can be punish but for the non-legal they
cant be punish
2. The legal rule always comes from the parliament but the non-legal rule comes from
tradition or social binding.
3. The legal rules always enforceable by the executive but it’s not enforceable by them

Why are convention followed?

Ans: to divide the power to the electorates of the peoples or citizens. Besides it’s ensure the
democratic power to sure. Convention are followed to because breach of convention attract
political criticism and as such the constitutions actors feel their obligated to followed the
constitution

How does a convention ends?

Answers: if we want to end any convention than we have breach that convention continual until
its disappear from everywhere.
Failure to complied with the convention may cause it to disappear. So, example: if a person to
whom the convention apply no longer feels bound to follow the convention , the convention will
cease to exist.

Example of the convention:

1. Monarch will never refuse to royal assent

2. Judiciary cannot play a part in politics
3. Ministers are responsible and accountable to the parliament
4. The SALISBURY ADDISON convention
5. It is a convention tthat the prime minister must be a member of HOUSE OF COMMONS
6. It is a convention minister must be member either of the HOUSE
End ……
NEXT CLASS INDENTIFY A CONVENTION!

CLASS BY SHARIAR SIR

14/10/2022
CHAPTER 2
Constitution:
If we look for anwers in the constitution we cant get but we can get principle articles and
more which is master plan for a nation.
If we need to know about any contries constitution we need to learn about its history
culture and politics. To know about about recent constitution of UK we have put on our
eyes on recent event there.
Suggest newspaper : times, guardian , bbc
There are 3 body of state: executive ,legislature, judiciary
And in the constitution their power, relation , connection is explained.

Constitutional function:
there are few function of the constitution which are called constitutions function:
constitution is a document which gives us the broader principles and guidences for the
effective government of the country. Its broadly perfomces the function—
1. Its deal with Allocation of the power and function of the organs of the state
2. Its deal with the in-relationship of the organs of the state
3. It’s deal with relation between the state and citizens
State relation with citizen: state give beniffit to the citizen and the citizen have
some responsibility, it’s called social contract. There a proverb saying that the
citizen live in their country because there are in a social contract with country.
There are some layer from where the state save a citizen from somethings
In the first layer they save us from bad element, in the 2nd layer state save us
from external element , in the 3rd layers If the state harm or hurt a citizen there
a step where a citizen can be save from the state which is given in constitution
and all other things like legislature, parliament, judiciary, execuitive comes in
that layers.
 The social contreact can’t be reached to a perfect stage but it’s vary to
different country.
Let’s go to the classification to the constitution

Classification of constitution:
There can be two classification of constitution-

1st one is WRITTEN

2nd one is UNWRITTEN

There are two part in every written constitution: a. written, b. unwritten

But definitely the written part t]have the most important. We have remember one thing which
constution arragment . if the any part have the most impact in the constitution arragment that part wll
be called written and another one will called unwritten.

There a tricky part when we have to match the codified and uncodified constitution with written and
unwritten constitution.

Codified means the constitution is united in one place but the uncodified is scattered. The codified
constitution is always written. But the confusing part is uncodified constitution can be written and
unwritten. If the uncodified constitution’s written part have more impact in the constitution arragment
it is uncodified written and another one is unwritten.

THE TRUE NATURE OF THE UK CONSTITUTION:

1. WRITTEN CODIFIEDRISID: when it very difficult to change something in the constitution is

called rasid constitution.  republic  federal: there are two layers in the federal system –
1st one is main government (foreign , defence ,central main thing depend on them)and the 2 nd
one is state government ( other duties depend on them) EXAMPLE: USA, INDIA
2. UNWRITTEN UNCODIFIED  FLEXIBLE: when its very easy to change something in the
constitution is called flexible constitution. monarchical  unitary ( the government depend
one place or government) EXAMPLE : UK, BANGLADESH  however after the devolution UK
become the QUASAI-FEDERAL STATE
WHY ARE WE CALLING UK A UNITARY COUNTRY?
ANS: even uk contain 4 country inside in it but all the decision comes from west minister
parliament or ENGLAND so it become unitary country obviously.
EXPLAINATION: IN 1933 WHEN THE ELECTION HAPPENED THE WINNER PARTY MAKE SOME
PROMISES IN THE MANISFESTO WHICH IS KNOWN AS DEVOLUTION OR DE-CENTRALAITION :
IT MEANS UNDER THE DEVOLUTION THEY CREATE A PARLIAMENT IN SCOTLAND , A ASSEMBLY
IN NOTHERN IRELAND AND A PARLIAMENT IN WALES. BUT THEY ARE NOT AS POWERFULL IN
 FEDERAL SYSTEM. SO THE UK become weak. The main topic is that the recent UK is QUSAI-
federal means its not fully federal and not fully unitary

UK ‘S CONSTITUTION JOURNEY STARTED IN 12TH CENTURY WHEN THE MAGNEKATA HAPPENED AND IT
EVER EVOLVING . THE CONSTITUTION CHANGES WITH THE POLITICAL STAGES AND A COUNTRIES
CONSTITUTION TOTALLY DEPEND ON THE POLITICAL SITUATION.

IN THE LAST 30 YEAR UK have gone through lots of constitutional reformed. So it’s still unknown UK
current position . there in the constitutional uncertainty.

There already a constitution reformed committee form in UK recently that the UK’S constitution should
be codified or uncodified.

You didn’t attend classes for vote

20/10/22

Class by TAHSIN NOOR MAAM

SOME QUESTION:

 WHAT ARE THE PRECEDENTS?

ANS: yes, the
 DID THE ACTIONS IN THE PRECEDENTS BELIEVE THEY WERE BOUND BY A RULE?
 IS THERE A [CONSTITUTIONAL] REASON FOR THE RULE?

By using this test the royal assent can be easily identify as a convention.
Because the practices of giving royal assent remain unbroken for more than a
period of 300years which clearly shows that the monarch feels that it is bound
by such a rule. Lastly There is a reason to be existed because the power
should lie before the elected and the monarch should not be given the
opportunity to obstruct the work of the parliament in making laws.

This particular test works well with the convention of the royal assent but it
does not work effectively or it not as clear cut with others convention like the
convention of UK government seeking approval from the parliament before
deploying troops. It also does not work well with the convention of individual
ministerial responsibility as minister do not always reigned due their personal
misconduct or there is a failure or short coming in their department.
Ministerial responsibility:
it is a kind of convention. Convention basically unwritten but ministerial responsibility is
exception and its written. Ministerial responsibility is a convention which is no longer unwritten.
As they can be found in the MINISTERIAL COURTS. Ministerial responsibility can be broken in
2 parts---

1. Collective ministerial responsibility

2. Individual ministerial responsibility

Collective ministerial responsibility can be broken in three rules –

A. Confidence rule
B. Confidentiality rule
C. Unanimity rule

Individual ministerial responsibility can be broken in two conducts --

a. Personal conduct
b. Official conduct

Even though the convention has been recorded in the ministerial court the consequences of
breaching the constitutional convention of ministerial responsibility are political and not legal as
such it is ultimately the prime minister who ensures compliance with the court and the maximum
punishment for breaching a convention is dismissal or resignation from ones ministerial position.

THE CONFIDENCE RULE:

If the majority of the house doesn’t have confidence about their government and they have to
step down. The government must resigned if it loses the confidence of the house of commons,
in 2019 the than prime minister, Theresa May survived the no confidence motion by 19 votes

Class by TAHSIN NOOR MAAM

27/10/2022

Convention (non-legal rule)

There is a ministry code which is written in a document via which it enclose the codtial rule
of minister of UK.

There are two convention which are known as CMR AND IMR. If a minister don’t any rule of
it PM can sue them with the help of CMR OR IMR.
CMR IS DIVIDED IN 3 PART—

1. CONFIDENCE

EXAMPLE : in 1979 the CALER HANT GOVERNMENT resigned has they lost the vote of
confidence in the HOUSE OF COMMONS as a result of which it had to resigned.

What happened to BORIS JOHNSON GOVERNMENT in the June 6 th of 2022 during a

vote of confidence?

2. CONFIDENTIAL:

Confidential rule: the confidential rule require that discussion between minister in the cabinet
meeting must remained confidential. This rule helps in upholding unanimity rule because it’s
ensure that commence express by a minister in regard to a policy in private is not leaked so
as to hinder the ability of the minister to publicly support or defend that policy

3. UNANIMITY: its comes from a word unity.( ROBIN COOK)

The unanimity rule require all minister to publicly support government policies regardless of
whether they personally agree with those policies. A minister who cannot publicly support
the government policies should resigned. For example : in 2003 ROBIN COOK AND
CLARE SHORT resigned over UKs involvement in IRAQ war.

RESEARCH WORK: NAME FEW MINISTER BECAUSE THEY DID NOT SUPPORT
BREXIT NEGOTIATION?

The utility behind unanimity rule is that it’s prevent minister from invading accountability that
is their duty to explain and defend government policies. Its prevent minister from claiming
that they should not held accountable by the parliament, simply because they did not agree
in the policy.

Convention can be encourage and acknowledge by court but court cannot force you to
follow the convention.

The leading case: AG VS Jonathan cape 1975

CONVENTION ARE RULES OR PRACTICE WHICH ARE ACCEPTED AS BINDING (TO A

GREATER OR LOSSER EXTENT)BY THOSE TO WHOM THEY apply.

Page 63 have a look on the chart!

CLASS BY SS

28/10/2022

SOURCE OF THE UK CONSTITUTION

WRITTEN: act of parliamentcommon law scholarly written international

treatiesstandards

 ACT OF PARLIAMENT: Those Acts of parliament which can be part of

constitution is called constitutional statutes
 Some constitutional statutes--
1. Magna kata 1215: IT WAS THE IDEA FROM WHERE THE JURY THOUGH
DISCOVERED!
2. Bill of rights 1962
3. Act of settlement 1701
4. ACTS OF UNION 1706
5. Parliament acts 1911
6. Parliament acts 1949
7. Representation of peoples act 1929 ***
8. Live peerage act 1958
9. EUROPEAN communities act 1972
10. Revolution acts 1997***
11. HUMAN RIGHTS ACT 1998
12. HOUSE OF LORDS ACT 1999***
13. CONSTITUTIONAL REFORM ACT 2005***
14. CONSTITUTIONAL REFORM AND GOVERNANCE ACT 2009***
15. BREXIT WITHDRAWAL ACT 2020

 COMMON LAW:
Cases:-- ENTICK VS CARRINGTON, LIVERSIDGE VS ANDERSON 1942,
A AND OTHERS VS SSHD 2004*** , MCGONWELL VS UK 2000

 SCHOLARLY WRITTINGS : there are 3 theories on which basis the constitution

is standing these are called the 3pillar of the UK’s constitution. These are –
a. RULE OF LAW
b. SEPERATION OF POWER
c. PARLIAMENTARY SUPREMICY

THESE THEORIES COMES FROM THE SCHOLAR THIS WHY THIS IS THE PART OF
CONSTITUTION.
UNWRITTEN:- constitutional convention royal prerogative

CLASS BY SS

04/11/2022

CONSTITUTIONAL CONVENTION
Points-

1. IT UNWRITTEN SOURCE OF CONSTITUTION.

2. It is a non-legal source of constitution.
3. Definition: Conventions are rules of political behavior which are applicable to the key
player of the constitution. This rules are created over a long period of time through the
interaction of various political institution.
4. The key player of constitution:
a. Crown,
b. PRIME MINISTERS
c. MINISTER
d. MP’S
e. LORDS
f. JUDGES
 SENTENCE.1: the crown can refuse royal assent to bill passed by
the parliament , it was before 1681
 SENTENCE.2: the crown must give royal assent to bill passed by
the parliament , it was post 1681

ROYAL PREROGATIVE
This power are residual power of the state. Prerogative powers are those power which
exclusively belong to the crown but exercise by the executive. This powers are recognized by
the common law but not enforce by court. Prerogative powers can be applied in absence of
parliamentary proceedings.

Sample examination question: the constitutional of UK is known to be unwritten however it has

been argued that the constitution has been transform to a written but uncodified version.

List of various constitutional convention in UK :

A. The crown must give the royal assent to bill passed by the parliament
B. The PRIME MINISTER must be the leader of the political party wining a general election
C. The PRIME MINISTER must be a member of HOUSE OF COMMONS
 D. The crown must appoint its ministers in advise of THE PRIME MINISTER
E. MINISTERS are collectively and individually responsible for their responsibilities
F. Convention is more democratic than prerogative!

HOUSE OF LORDS DISQUALIFICATION ACT 1975

Ministerial responsibilities!

Class by FMA

11/02/2022

JUDICIAL REVIEW
WHAT IS JUDICIAL REVIEW (JR)?

- CONSTITUTIONAL ROLE OF JR
- NATURE AND SCOPE OF JR

 PRECEDURE REQUIREMENT AND FILTER MECHANISMS

DEFINATION: A process by which individual ,business and other affected parties can challenge the
lawfulness of decisions, actions or inactions of the executive, including those of government minister,
local authorities, other public bodies and those exercising public functions;

-criminal justice and courts act 2015

Write the ten name of who are executive?

1. First one is always police

2. Military
3. The public sergeant
4. MINISTERS
5. The mayor
6. The councilors
7. The up chairman
8. TNO
9. DC
10. ZILLA PORISHAD

There are secondary legislation which is not statute it is PRO

THE WIDER CONTEXT

JUDICIAL REVIEW SHOULD be seen in the context of the general administrative system where
different mechanisms are employed to hold public bodies accountable;
 -( de smith, WOOLF & JOWELL

OVERVIEW OF JUDICIAL REVIEW

 Type of court proceeding which review the lawfulness of a decision or
action made by a public body
 principle means of UPHOLDING THE RULE OF LAW (gives practical effect to
the rule of law)
 provides legal redress (against public bodies)
 imposes (legal) accountability on public bodies

THE NATURE OF JUDICIAL REVIEW

 SUPERVISORY not appellate jurisdiction ‘review’ NOT’ appeal

 NO AUTOMATIC OR ‘UNFETTERED’ RIGHT TO JR must seek courts ‘leave’ to apply for JR
 PROCESS/LAWFULNESS NOT MERITS
 NO SUBSTITUTION OF DECISION – courts cannot substitute it’s opinion for that of the lawfully –
empowered decision-maker.

CLASS BY TAHSIN NOOR

3/11/2022
There are 3 example of when unanimity rule was suspended--

1. COLIATION GOVERNMENT :
In 2010, the cabinet was form of minister from different political party THIS MEAN THERE
WOULD BE WIDER RANGE OF VIEW ON PLICIES MATTER THAN A SITUATION WHERE THE
CABINATE WA MADE A REPRESENTATIVE FROM ONE POLITICAL PARTY. THEREFORE
DURING THIS TIME MINISTRY ALLOWED to speak their mind like nuclear power
policies, student fees increase, tax for married couple.

2. Free votes:
3 votes are matter of conscience this are matter like abortion where member of political party
are instructed on how they should vote.

3. EU REFERENDUM:
The Unanimity rule was suspended during the referendums on the membership of the
EU in 2016 and in 1975 to allowed different views to be shared on the matter.
Example:

a. The Falkland islands

Imr – 1. Official conduct, 2. Personal conduct

Distinction between Accountability V RESPONSIBILITY

( POLICY V OPERATIONAL MATTER):
In the recent years minister distinguished between policies and operational matter and only take
direct responsibility for policies matter for example-

In 1982, MR.WHITELAW did not RESIGNED over a breach of security at the BUCKINGHAM
PALACE OR WHEN A INTRODER ENTER IN THE QUEEN BED ROOM. Likewise JAMES
PRIOR and MICHAEL HAWARD they did not resigned when a terrorist escape a prison.

Education secretary GAVIN Williamson did not take the blame for it and stated that It was the
fault of the head of OFQUAL.

DOMINIC RAB WHETHER HE RESIGNED FOR HIS MISTAKE?

Because during afghan conflict he was on holidays beside he ask his fellow juniors during that
time and delegate the juniors on afghan conflict beside it led to around 457 UK deaths and a
afghan translator were left behind on CRETE and DOMINIC were in holidays he even ask his
fellow minister to assist the matter. This why he was under pressure but he didn’t resigned
because he tell them he wasn’t inform by his juniors and he was not in duty that time.

Class by public law

04/11/2022