6. The executive: central, devolved, and local government

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the executive branch of government. The executive consists of the reigning monarch who is legally the head of state, the Prime Minister, Cabinet, unanimity of advice and collective cabinet responsibility; Secretaries of State, Ministers of the Crown, departments of state, non-departmental public bodies, the civil service, the Civil Service Commission, parliamentary accountability, the Ministerial Code, the seven principles of public life, legal accountability, devolved administrative organizations in Scotland, Wales, Northern Ireland, and London, local authorities, the police, and the armed forces, the effect of the Localism Act 2011, the Scotland Acts 1998, 2012, 2014, and 2016, the Cities and Devolution Act 2016, and the Wales Act 2017. This chapter also discusses the relevant provisions of the European Union (Withdrawal) Act 2018 and the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018.

5. The monarchy and the Royal Prerogative

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The UK is a constitutional monarchy: the monarch exercises their legal powers as part of a system of government which is parliamentary and democratic. The chapter discusses the legal source of the monarch’s powers as head of state which is the Royal Prerogative exercised in accordance with binding political rules and practices. The chapter also covers the monarch’s role in government formation when there is a hung parliament and the effect of confidence and supply agreements. This chapter discusses the special privileges and immunities of the monarch; the powers and duties of the monarch; and the monarch and the organs and functions of government.

12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.

11. Grounds for judicial review: illegality

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter looks at the classification of grounds for judicial review, illegality, ultra vires, jurisdictional and non-jurisdictional error, subjective discretion and the ultra vires doctrine, improper purpose with or without express stipulation in the empowering statute, mixed motives, relevant and irrelevant considerations with or without express stipulation in the empowering statute, lack of evidence, and unlawful failure to exercise a discretionary power by policy, estoppel based on a representation made by an official, agreement, or wrongful delegation.

4. The separation of powers

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of separation of powers; what judges say about the separation of powers in the UK; what statutes say about the separation of powers in the UK; whether the UK Government is based on the separation of powers; the relationship between the executive and the legislature, the relationship between the executive and the legislature in the process of departure from the European Union, the whip system and backbench revolts, the relationship between the executive and the judiciary, the independence of the judiciary, the appointment and dismissal of judges, the Civil Procedure Rule Committee, the Sentencing Council for England and Wales, and the relationship between the courts and Parliament.

10. Introduction to administrative law: the foundations and extent of judicial review

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.

3. The rule of law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of the rule of law; government according to law; the key features of a legal system based on the rule of law; whether the UK legal system complies with Dicey’s conception of the rule of law, whether wide arbitrary and discretionary powers are ever justified, privileges and immunities, and whether the courts ought to be able to extend the criminal law.

15. Police powers, public order, and terrorism

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on police powers. These include the role of the police, the organization of the police in England and Wales, police areas, the powers and functions of Police and Crime Commissioners, the Mayor’s Office for Policing and crime in London, the Police and Criminal Evidence Act 1984 and its Codes of Practice, which contain rules concerning police powers of stop, search, entry, seizure of property, arrest, detention, and treatment of suspects; the meanings of reasonable suspicion and public place, and information which must be given on arrest.

13. Grounds for judicial review: procedural impropriety, natural justice, and legitimate expectation

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.

9. European Union law and institutions

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the framework and institutions of the European Union. It covers European Union Treaty framework since 1957; sources of EU law and their status after the UK leaves the European Union; the effect of leaving the European Union on the Charter of Fundamental Rights and Freedoms; failure to transpose a Directive into national law; the effect of leaving the European Union on the Francovich principle; breach of a Treaty provision by the national legislature; breach of a Treaty provision by the national administration; incorrect transposition of a Directive into national law; liability of judicial acts; the Lisbon Treaty and the procedure for withdrawal from the European Union under Art 50. This chapter also looks at the legislative process of withdrawal from the European Union including the European Union (Withdrawal) Act 2018.