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Description: CONSTITUTIONAL AND ADMINISTRATIVE LAW (lecture 1): constitutional law and administrative law over view.
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CAL (lectures 1)
Constitutional law:
Human Rights
*What is a state? A governed entity (such as a
country) or sub-entity (such as an autonomous
territory of a country)
...
ECHR 1950
*What is a constitution? A body of fundamental
principles or established precedents according to
which a state or other organization is acknowledged
to be governed
...
AV DICEY: [T]hat set of rules which directly or
indirectly affect the distribution and exercise of
sovereign power in the state
...
Horizontal effect eg
privacy law
...
*How are constitutions classified?
Written or
unwritten,
contents,
legality,
effectiveness,
adaptability, relationships with other laws
...
how judicial review fits into
constitutional law
*The UK Constitutions classified? Unwritten, like
Israel
...
who can bring a claim? state
*The UK Constitution – sources? statutes, common
law, prerogatives powers (appoint/dismiss ministers,
make treaties, issue passports, use the military), EU
law, conventions, academic opinion
*Structure? Monarchy (not elective head of state)
...
HISTORY
*Revolution? – Civil Wars 1642-48/ Commonwealth
1649-60
*New Constitutional settlement – 1688 Glorious
Revolution/ 1689
...
*Expansion of the franchise – Great Reform Act
1832, 67, 84, 1918
*Parliament Act 1911
...
*what happens if they break down? Reference re
Amendment to the Canadian Constitution (1981)/
Parliament Act 1911
Description: CONSTITUTIONAL AND ADMINISTRATIVE LAW (lecture 1): constitutional law and administrative law over view.