new

• Triggering Article 50: Miller (1) v SS for exiting EU


  • Judicial review case - triggering Brexit without prior parliamentary approval unlawful
• Constitutional Reform Act 2005


  • Addressed overlapping of powers
  • Recognized separation of power by: 1) Lord Chancellor + other ministers under statutory duty to uphold separation of powers, 2) Removing anomalies relating to position of Lord Chancellor, 3) Introducing UK Supreme Court to replace Appellate Committee of House of Lords, 4) Changing method for appointment of judges
• Human Rights Act 1998


  Requires all public authorities to be convention compliant when dealing with citizens, and gives courts more power to interpret legislation to make it compliant with the convention
• Cases illustrating principles of judicial review under common law

  • Cooper v Wadsworth
  • Ridge v Baldwin
• Judicial review


  • Courts operate to see whether public authority has acted lawfully
  • Specific procedure
  • Remedy of last resort
  • Only available against public bodies, not private
• The Human Rights Act 1998 gives courts the power to interpret legislation to make it compliant with the convention, as seen in the Ghaidan v Godin Mendoza case
• The "Belmarsh detainees" case led to a declaration of incompatibility, which did not invalidate the legislation but set up a dialogue between the courts and parliament
• Lack of separation of powers in the UK


  • Lord chancellor able to judge on house of lords
• Constitutional reform act 2005


  • Addresses overlapping of powers
  • Recognizes separation of power
• Constitutional reform act 2005 recognizes separation of power by


  1. Lord chancellor + other ministers under statutory duty to uphold separation of powers

  2. Removing anomalies relating to position of lord chancellor

  3. Introduce UK supreme court to replace appellate committee of house of lords

  4. Change method for appointment of judges at all levels- including introduction of judicial appointments commission
• Few had right to vote in the UK- based on wealth
• Gradual democratization of the electoral system in the UK through statutes

  1832 act: redistributed voting right so big cities in north were able to send members to parliament
• First past the post


  Simple majority system in the UK
• In every UK constituency, certain number of candidates that can stand (645)
• List of candidates, single vote in UK elections
• At end of UK elections, candidate with most votes wins seats
• No proportional system in UK elections
• Extremist parties don't do well in the UK
• Constitutional monarchy in the UK


  • King/queen is head of state
  • PM is head of government
• In order to be part of government in the UK, need to be part of parliament
• King isn't part of government itself in the UK
• King represents state on international level in the UK
• Power is no longer directly exercised by king in the UK
• If single party wins overall majority in the UK, convention that king will ask leader of party to form government
• PM as head of government in the UK


  • Party of government must command majority in house of commons
  • PM uniquely powerful, entirely responsible for selecting all other ministers
• How government is formed in the UK


  1. All in hands of PM

  2. After election, PM uniquely powerful, entirely responsible for selecting all other ministers
• Must be members of parliament to be part of government in the UK
• Coalition government possible in the UK
• How PM runs government in the UK

  Personal style
• Example of PM's personal style


  • Thatcher
• Chair of cabinet and collective responsibility in the UK


  • PM doesn't govern country alone- cabinet committees
  • Cabinet appointed whenever PM wishes
  • PM chooses composition of committee
  • All members agree on policy this policy pursued by government
  • If you disagree, must resign from government
• Convention of collective responsibility can have difficulties in the UK
• Special truce agreed so members of government pro or anti Brexit could continue within government on basis that once referendum was over, they would all agree on same policy in the UK
• PM's powers in the UK


  • Chooses cabinet
  • Chairs cabinet meetings
  • Has right to approve other appointments
• Convention of individual ministerial responsibility in the UK


  • PM is figurehead- representative of gov
  • All gov departures (health service, education, industry) headed by cabinet minister
  • Assumes minister takes all decisions
  • Ultimately responsible for them legally and politically
  • Most decisions and routine work of government is done by civil servants