The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply (locus standi), procedural ultra vires; natural justice; and substantive ultra vires.
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Chapter
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is about administrative law. The citizen may use judicial review in the courts to ensure that public bodies obey the law, but there are alternatives to the courts, such as the Parliamentary and Health Service Ombudsman and the tribunal system. The questions here deal with issues such as the Parliamentary and Health Service Ombudsman; the tribunal system; and delegated legislation such as statutory instruments.
Book
Richard Clements
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic, and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to Public Law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The twelfth chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.
Chapter
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers the constitution of the United Kingdom of Great Britain (England, Scotland, and Wales) and Northern Ireland. The questions deal with issues such as whether a written constitution would make a great improvement to the UK system of government; the purpose of constitutional conventions; Dicey’s theory of the rule of law; the meaning of ‘separation of powers’; and its role in the constitutional arrangements of the UK and devolution or federalism.
Chapter
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter contains some advice on writing coursework. The contents range from the mechanics of how coursework fits into the assessment of the module to the rules on presentation and referencing. The standard referencing system used for law is OSCOLA, the Oxford University Standard for the Citation of Legal Authorities. There is advice on researching coursework, such as the use of primary legal materials and articles, an explanation about how the coursework might be marked, and some straightforward advice on plagiarism is given. A coursework example question, with accompanying answer guidance, is also available.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the executive branch of government. The executive consists of the reigning monarch who is legally the head of state, the Prime Minister, Cabinet, unanimity of advice and collective cabinet responsibility; Secretaries of State, Ministers of the Crown, departments of state, non-departmental public bodies, the civil service, the Civil Service Commission, parliamentary accountability, the Ministerial Code, the seven principles of public life, legal accountability, devolved administrative organizations in Scotland, Wales, Northern Ireland, and London, local authorities, the police, and the armed forces, the effect of the Localism Act 2011, the Scotland Acts 1998, 2012, 2014, and 2016, the Cities and Devolution Act 2016, and the Wales Act 2017. This chapter also discusses the relevant provisions of the European Union (Withdrawal) Act 2018 and the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018.
Chapter
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter moves on from the previous one to examine the freedom of expression. Under common law, freedom of speech is guaranteed unless the speaker breaks the law, but this is now reinforced by the right of free expression under the European Convention on Human Rights. The questions here deal with issues such as obscenity law and contempt of court; the Official Secrets Act; freedom of information; data protection; breach of confidence; and whether there is a right of privacy in English law.
Chapter
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute, and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter looks at the classification of grounds for judicial review, illegality, ultra vires, jurisdictional and non-jurisdictional error, subjective discretion and the ultra vires doctrine, improper purpose with or without express stipulation in the empowering statute, mixed motives, relevant and irrelevant considerations with or without express stipulation in the empowering statute, lack of evidence, and unlawful failure to exercise a discretionary power by policy, estoppel based on a representation made by an official, agreement, or wrongful delegation.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.
Chapter
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter describes issues relating to the Human Rights Act 1998. The questions presented here deal with issues such as the response to terrorism; the effect of the Human Rights Act 1998 on English law; whether the Human Rights Act 1998 should be replaced with a UK bill of rights; the Human Rights Act not changing parliamentary supremacy, but the courts being able to issue a declaration of incompatibility; and the effect of the Human Rights Act on individual rights.
Chapter
This chapter advises on how to approach the subject of Public Law and deal with typical exam questions. Public law differs from the other compulsory law subjects in that much is not really law at all, and therefore calls for different skills in the student. To understand public law properly it helps to have some knowledge of current affairs and politics. Public Law is sometimes called constitutional and administrative law, because it looks at both the constitution of the country and the law that regulates the administration. The chapter contains advice on how to answer a problem question using Issue, Relevant Law, Application to the Facts, and Conclusion (IRAC) and how to answer an essay question using Point, Evidence, and Argument (PEA). Preparation for examinations is also covered. When writing an essay, it is best for students to do a rough plan first, listing the main points that they intend to cover. For a problem question, they might also include a list of the main cases. In this subject, it is important to remember that there is no right answer to an exam question, but there is a right way to approach it.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the European Convention on Human Rights and Fundamental Freedoms (ECHR) and the Human Rights Act (HRA) 1998. The ECHR guarantees civil and political rights: these are the right to life; the prohibition of torture, inhuman, and degrading treatment or punishment; the prohibition of slavery and forced labour; the right to liberty; the right to a fair and unbiased hearing; the prohibition of retrospective legislation; the right to respect for private and family life; freedom of conscience and religion; freedom of expression; freedom of association; and the right to marry and found a family. The ECHR has been expanded by a series of supplementary treaties called protocols. The First and Sixth Protocols give individuals additional rights which were incorporated into British law by the HRA 1998. This chapter also examines the significance of the Independent Review of the Human Rights Act which is due to be carried out in 2021.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The UK is a constitutional monarchy: the monarch exercises their legal powers as part of a system of government which is parliamentary and democratic. The chapter discusses the legal source of the monarch’s powers as head of state which is the Royal Prerogative exercised in accordance with binding political rules and practices. The chapter also covers the monarch’s role within the executive. This chapter discusses the special privileges and immunities of the monarch; the powers and duties of the monarch; and the monarch and the organs and functions of government.
Chapter
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter presents information relating to Parliament. It looks at all aspects of how both the House of Commons and House of Lords work and how they might be reformed. The questions the chapter looks at deal with issues such as the reform of procedures and operation of the House of Commons; how newly elected MPs can influence government policy; the role of departmental select committees; parliamentary privilege; and House of Lords reform.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—is guardian of the constitution through the work of the House of Lords Constitution Committee and protects the constitution and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.
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