Public law (or constitutional and administrative law) is fundamentally different from private law subjects. It concerns the relationship between the state and the individual, and requires engagement with political theory as well as legal doctrine.
1. Core Constitutional Principles
| Principle | Key Sources | Exam Relevance |
|---|---|---|
| Parliamentary sovereignty | Dicey; Jackson v AG; R (Miller) v Secretary of State | Can Parliament do anything? What are the limits? |
| Rule of law | Dicey; Raz; Lord Bingham; UNISON v Lord Chancellor | Access to justice; legality; non-arbitrariness |
| Separation of powers | Montesquieu; Bagehot; Constitutional Reform Act 2005 | Judicial independence; executive accountability |
| Constitutional conventions | Jennings tests; Sewel Convention; Miller (No 2) | Are conventions legally enforceable? |
2. Judicial Review — The GCHQ Framework
Most judicial review problem questions require you to apply the three grounds of review from Council of Civil Service Unions v Minister for the Civil Service (GCHQ):
- Illegality: Did the decision-maker act within their legal powers? (Ultra vires, relevant/irrelevant considerations, improper purpose)
- Irrationality: Was the decision so unreasonable that no reasonable decision-maker could have reached it? (Wednesbury unreasonableness)
- Procedural impropriety: Was the correct procedure followed? (Natural justice, legitimate expectations, duty to give reasons)
3. Human Rights Act 1998
HRA questions typically require you to:
- Identify the relevant Convention right (Articles 2, 3, 5, 6, 8, 10, 11, 14)
- Determine whether the right is absolute, limited, or qualified
- For qualified rights, apply the proportionality test: legitimate aim, rational connection, necessity, fair balance
- Consider section 3 (interpretive obligation) and section 4 (declaration of incompatibility)
4. Essay Question Approach
Public law essays often ask you to evaluate constitutional principles. Strong answers:
- Engage with academic debate (Dicey vs Jennings vs Allan vs Goldsworthy on sovereignty)
- Use case law as evidence for your argument, not just as authority
- Consider practical implications — how does the principle work in practice?
- Acknowledge counter-arguments and explain why your position is stronger