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Constitutional Law (Tripos)
A. The allocation of powers
- Sources and foundations of the constitution:
- nature and sources of constitutional law;
- constitutional conventions;
- the separation of powers;
- the rule of law;
- principal organs of government, including the judiciary, the executive (including the Crown) and the royal prerogative;
- nature and sources of EU law.
- Legislative authority in the United Kingdom:
- Parliament: its composition and functions, including the role of the House of Lords;
- parliamentary sovereignty;
- the principal institutions of the EU;
- the status of EU law within national law;
- devolution of power;
- delegated legislation;
- introductory matters concerning the Human Rights Act 1998 with particular reference to its implications for the enactment and interpretation of legislation (and including horizontal effect).
B. The control of powers
- Political accountability of the executive:
- relationship between the executive and Parliament, including ministerial responsibility (collective and individual);
- mechanisms for parliamentary accountability, including parliamentary questions, select committees, and the Parliamentary Commissioner for Administration;
- political accountability in local government in England, especially Labour’s reform programme.
- Accountability to the judiciary:
- the nature, scope and constitutional legitimacy of judicial review of administrative action;
- justiciability, including review of prerogative powers;
- standing;
- grounds for review;
- procedural issues and remedies.
- The use of civil liberties and human rights standards in the control of power:
- protecting civil liberties in the UK;
- obligations imposed by the European Convention on Human Rights and the Human Rights Act 1998 in international and municipal law;
- freedom of expression and national security: official secrecy, freedom of information and breach of confidence;
- freedom of assembly: protest and public order.