Public Law An

introduction
Professor Robert Lee
What is law?
Law
Norms
Enforced
By authority
As supervised by courts
John Austin:
Law is a command of a Sovereign Power
enforced by coercion
Law and morality
Austin
was a positivist
no necessary connection between law & morality
student of Bentham a utilitarian
BUT Natural law (Kant or Rousseau)
Law reflects moral, unchangeable, universal laws of
nature
Idea of basic norms (Kelsen)
Normativity of law means we owe it obedience
It tells us what we should do
Dicey and the rule of law
Punishment only for a breach of the rule
(no arbitrary State action)
Equality before the law (all classes/citizens
subject to the law)
Individual rights derive from court
determinations
Examples of classifications
Public
Civil
Common
Substantive
Domestic
Private
Criminal
Statute
Procedural
International
Public and Private Law
Public Law
Regulates public rights and
obligations usually
guaranteed by a
constitutional framework
Interests of community
Examples
Constitutional
Administrative
Criminal
Private Law
Regulates rights and
obligations of private
parties often as created
by the parties themselves
Interests of individuals
Examples
Contract
Family
Land

Public/Private Boundaries
But Ulpian public/private interests not easy in
modern constitutional settings
Nature of the actors more significant
By reference to State parties
But even this is difficult
E.g. Smartsource v Information
Commissioner [2011] 1 Info LR 1498 (Upper
Tribunal)
Domestic and International Law
Domestic
The organisation of
law within the State
Concerns the internal
affairs of the State
Includes public and
private law
International
Regulates relationships
between various States
Usually by agreement in
a Treaty
Includes public and
private law


Public & Private International Law
Public International
Treaty law from
international institutions:
UN, WTO, ILO
Custom & practice is
important but sanctions
can be problematic

The EU often signs and
ratifies treaties in its own
right



Private international
Also called conflict of
laws concerns questions
of jurisdiction
Arises in particular from
the free flow of capital,
goods and people

See in this context EU
law
EU Law
Supranational legal framework
Aimed originally at economic integration but
with increasing interest in social and political
rights
With its own institutional and court structure
Which can enforce norms against both
States and citizens
Module aims to develop:
An understanding of concepts, traditions & principles underpinning
the constitution of the UK.
An understanding of the main recent constitutional reforms of the UK
constitution, especially in relation to Europe, devolution and the
Human Rights Act 1998.
An understanding of the nature, basis and continuing development
of judicial review in the UK.
An ability to see the links between public law and the exercise of
political and judicial power.
An ability to use, analyse and critique legal materials and texts.
An ability to articulate and discuss issues relating to public law.
Content of the module
Constitutional structure and theory
The UK Parliament as Sovereign
The European Union
The European Convention on Human Rights
Administrative law
Conflicts/Grievances between State and individual
Conflict resolution including judicial review of
administrative action
Constitutional & Administrative Law
10
th
Edition | Hilaire Barnett



The classic and trusted textbook on Constitutional and Administrative
Law which explains the past, present and future.

Latest edition has been thoroughly updated to include recent
developments in the law including the Defamation Act 2013, Crime
and Courts Act 2013 and the Justice and Security Act 2013

Cross-references clearly pointed out in the margins to help you
recognise connections between topics

In addition to the printed textbook there is access to an enhanced
electronic version included

Introductory chapter overviews outlining the topics and concepts
covered

Short chapter summaries to distil and reflect upon the main points
raised

Constitutional & Administrative Law
10
th
Edition | Hilaire Barnett




Key features of the interactive electronic textbook

One-click access to the cases on LexisNexis and the statutes on
the governments legislation archive with almost 1,000 embedded
hyperlinks in the text

Author updates twice a year to key developments in Public law

End of chapter interactive exercises to assess understanding and
progress and diagnose areas of weakness

An Interactive timeline that provides instant access to essential
context on how the constitution has developed historically and
politically to the present day

A comprehensive bank of essay questions with outline answers to
help prepare for assessments

The ability to make notes and highlight key sections of the text and
to share your notes with others



Available from
Blackwell Bookshop
The Gallery
Devonshire House
(up the stairs from Santander bank)
RRP
36.99
Now only
34.99