Top 10 Principles in Public Law
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Public Law is a vital branch of legal study that focuses on the relationship between individuals and the state, as well as the structure and operation of government. Understanding these top 10 concepts is crucial for your academic success in this module:
Parliamentary sovereignty: This principle holds that in countries with a parliamentary system, the legislative body has supreme authority to make and amend laws, and no other institution can override or invalidate its decisions.
Separation of powers: This principle divides the functions of government into three separate branches—legislative, executive, and judicial—to prevent the concentration of power and maintain checks and balances.
Constitutionalism: Constitutionalism refers to the principles and norms that govern the structure, powers, and limitations of government as outlined in a constitution. It ensures that governments operate within a legal and institutional framework.
Judicial review: Judicial review is the power of the courts to review the constitutionality and legality of legislative and executive actions. It allows the judiciary to strike down laws or actions that are inconsistent with constitutional provisions.
Ultra vires: The doctrine of ultra vires states that government bodies and officials have limited powers and can only act within the scope of their authority as defined by law. Any action beyond this scope is considered ultra vires and invalid.
Legitimate expectations: The doctrine of legitimate expectations holds that individuals have a legitimate expectation that public authorities will act fairly, reasonably, and in accordance with established practices or promises.
Proportionality: This principle requires that government actions or measures be proportionate to the intended objective and not go beyond what is necessary to achieve it. It ensures a balance between the exercise of public power and the protection of individual rights.
Public interest: The doctrine of public interest emphasises that public authorities should act in the best interest of society as a whole, considering factors such as public welfare, safety, and the common good.
Sovereign immunity: This principle holds that the government, or the sovereign, is immune from being sued or held legally accountable without its consent. It provides a degree of protection to the government from civil lawsuits and liability, subject to certain exceptions and limitations.
Due process: This principle ensures that individuals are afforded fair treatment, procedural rights, and the opportunity to be heard before the government takes actions that may affect their rights or interests. It guarantees fundamental fairness and protects against arbitrary deprivation of life, liberty, or property.
These principles provide the framework for understanding the legal doctrines and norms that shape public law, government actions, and the relationship between the state and individuals.
Parliamentary sovereignty: This principle holds that in countries with a parliamentary system, the legislative body has supreme authority to make and amend laws, and no other institution can override or invalidate its decisions.
Separation of powers: This principle divides the functions of government into three separate branches—legislative, executive, and judicial—to prevent the concentration of power and maintain checks and balances.
Constitutionalism: Constitutionalism refers to the principles and norms that govern the structure, powers, and limitations of government as outlined in a constitution. It ensures that governments operate within a legal and institutional framework.
Judicial review: Judicial review is the power of the courts to review the constitutionality and legality of legislative and executive actions. It allows the judiciary to strike down laws or actions that are inconsistent with constitutional provisions.
Ultra vires: The doctrine of ultra vires states that government bodies and officials have limited powers and can only act within the scope of their authority as defined by law. Any action beyond this scope is considered ultra vires and invalid.
Legitimate expectations: The doctrine of legitimate expectations holds that individuals have a legitimate expectation that public authorities will act fairly, reasonably, and in accordance with established practices or promises.
Proportionality: This principle requires that government actions or measures be proportionate to the intended objective and not go beyond what is necessary to achieve it. It ensures a balance between the exercise of public power and the protection of individual rights.
Public interest: The doctrine of public interest emphasises that public authorities should act in the best interest of society as a whole, considering factors such as public welfare, safety, and the common good.
Sovereign immunity: This principle holds that the government, or the sovereign, is immune from being sued or held legally accountable without its consent. It provides a degree of protection to the government from civil lawsuits and liability, subject to certain exceptions and limitations.
Due process: This principle ensures that individuals are afforded fair treatment, procedural rights, and the opportunity to be heard before the government takes actions that may affect their rights or interests. It guarantees fundamental fairness and protects against arbitrary deprivation of life, liberty, or property.
These principles provide the framework for understanding the legal doctrines and norms that shape public law, government actions, and the relationship between the state and individuals.
