Explore the foundational principles that govern the relationship between the state and its citizens. This topic offers valuable guidance for legal professionals navigating the nuances of constitutional and administrative law, ensuring adherence to legal frameworks and promoting effective governance.
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Sources of constitutional lawIn briefThe British constitution is unwritten in the sense that it does not derive from a single constitutional text. It...
Methods of statutory interpretation used to resolve disputes about the meaning of legislationIntroduction to statutory interpretationThe aim of...
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
Sources of constitutional lawIn briefThe British constitution is unwritten in the sense that it does not derive from a single constitutional text. It has a variety of written and unwritten sources. In addition to the main written sources of law in England and Wales, legislation (which has also
Separation of powers—legislative, executive and judiciarySource of the doctrine of the separation of powersThe origins of the doctrine of the separation of powers are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as
What is the effect/rule for interpreting legislation that specifically refers to enactments that have been repealed and replaced? Should the replacement enactments be applied instead?General principles―Parliamentary supremacy and implied repealThe doctrine of parliamentary sovereignty requires that
Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It follows that, where a later Act of Parliament conflicts with an earlier one, the later one cannot be read as
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