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Student Number: 12006142
Module Name and Number: Constitutional and Administrative Law, UJUUKK-30-
Coursework question: Explain how the rule of law & separation of powers limit government in the United Kingdom
Word count: 600
Introduction
- Introduce focus of question and say what my aim is (what I am going to talk about).
- Talk about constitutions and how they operate as a whole.
- Briefly define meaning and purpose of constitutions and discuss (both written and unwritten), the difference between the two and advantages and disadvantages.
- Discuss the rule of law.
Section 1
Discuss constitutions and constitutional law. This will involve the following:
- Power allocation
- Accountability
- Legitimacy and consensus
- (^) Permanency (amendment and interpretation)
- What about the UK
- Prisons – public admin and admin law, government accountability
Section 2
Discuss the sources of the UK constitution. Also talk about the different categories that have been established over the years. Mainly focus on the “three key schemes”, “sources of the constitution”, “constitutional principles and “codification and the constitution”.
Three key schemes – discuss the following:
- The role of the executive and the importance of accountability
- Legal and political constitutionalism
- The multilayer nature of the modern UK constitution
Sources of the constitution – briefly discuss following key points:
- Legislation
- Judge-made law and common law
- (^) International law
- Conventions and political practice – What counts as convention and does it matter? Why are conventions obeyed and what if they are not? Are conventions legally irrelevant?
▲ (^) Liability in negligence over ‘snatch’ Landrovers in Afghanistan?
- The Human Rights Act 1998
Codification and the constitution - discuss the following:
- Why no codified constitution?
- To codify or not to codify?
Section 3
Discuss the separation of powers. Also talk about the following:
- Basic idea of the concept
- Why separation of powers is embraced
- The different conceptions of the separation of powers
- The separation of powers in the UK
Section 4
Discuss the executive and include the following:
- The modern executive and its constitutional position – what the executive is, executive – judicial relations, executive in political constitutions and political and legal accountability of the executive
- Central government – the monarch’s personal prerogatives, the prime minister, ministers
- (^) The powers of the executive – statutory powers, judicial review e.g. Aylesbury Mushrooms and prerogative powers e.g. R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (2008)
Conclusion
- Summarise key points
- (^) Say how, from the information gathered above, the rule of law & separation of powers limit government in the United Kingdom (without repeating what I have already mentioned in my essay).
