TD ANG 1

13/03/25 : In class test

28/02/2025 : rattrapage

Unitary state: union state, law of England and waves, law of Scotland etc.

It’s a monarchy, with a parliamentary system.

Devolved

Conventions: not written, habit.

Only country that believes parliamentary sovereignty: parliament is the

most powerful branch.

Judicial review (important to know)

Common terms of doctrine precedent (important to know)

Avant 98 devait passer par la CEDH si ses droits étaient violés. Now with
Brexit they can no longer go to CEDH.

United Kingdom internal market Act 2020 = most of their stuff they were
getting was from EU.
The Nationality and borders Act = afraid they would get the same
treatment from other countries concerning visa legislation.
The trade and Cooperation Agreement with the EU =
Protocol on Northern Ireland =

Constitutional Monarchy

 Was Brexit a success or a failure?

o They believe they have succeeded.

While the doctrine of parliamentary sovereignty establishes that Parliament is

the most powerful branch the increasing role of judicial review has challenged
the traditional boundaries of this sovereignty.

Whereas judicial review focuses on administrative decisions and subordinate

legislation it does not challenge the content of primary legislation.
2. Comprehension of the facts
Exercise 1. Further thought on "Facts". Answer the following
questions.
1. What types of law existed in England in the Middle Ages?

During the Middle Ages, many laws existed in England, the system of law
applicable at that time was common law characterized by judicial precedents.

At that time most of the legal rules were developed at a local level as unwritten
customs but church courts also handled cases using the canon law. In the 14th
and 15th centuries, a new category of law, known as equity, was created.

2. Describe the system of common law writs as you understand it.

A writ was a formal written order, issued by the king or his justices, instructing
a court or official to take action on a legal matter.

3. What are "injunction", “rescission” and "order of specific performance"?

 Injunction – A court order telling someone to either stop doing

something (like building on someone else’s land) or to do something
(like fixing a safety issue).
 Rescission – A legal way to cancel a contract and make it like it
never happened, restoring the parties to their original positions as
if the contract never existed. usually because of lies, mistakes, or
unfairness.
 Order of Specific Performance – When a court forces someone to
follow through on a contract instead of just paying damages.

4. What do you understand to be the role of case law in the UK today?

Judges look at past court decisions to help decide new cases. This keeps
things fair and consistent.

 Lower courts must follow higher courts' decisions in similar

cases.
 Sometimes, courts can use past decisions as guidance even if
they don’t have to follow them exactly.
 Top courts (like the Supreme Court) can change old
decisions if they think the law needs to be updated.

5. Is a lower court always bound to comply with the legal ruling found in a
higher court’s decision?

Most of the time, yes—lower courts must do what higher courts have
decided in similar cases. This keeps the law fair and predictable.
Exceptions:

 If the Supreme Court changes the rule, lower courts follow the
new one.
 If a case is very different, the lower court might not have to follow
the past decision.
 If a new law is made, courts must follow that instead of old rulings.

Exercise 2. Sentence completion. Add 15 to 30 words to complete each

sentence, showing your knowledge and understanding of the programme
studied. (exam format)
1. In order to issue legal proceedings in the Middle Ages...
2. The purpose of the Supreme Court of Judicature Acts ...

3. Although nowadays an injunction ... 4. Overruling a precedent implies ...

5. As opposed to obiter dicta, which ...

In order to issue legal proceedings in the Middle Ages, a writ had to

be obtained from the king's court, as the royal courts were the only ones
authorized to hear certain types of cases.

The purpose of the Supreme Court of Judicature Acts was to

streamline and unify the judicial system in England by creating the High
Court and the Court of Appeal, thus replacing the old system of separate
courts for different types of law.

Although nowadays an injunction is often used to prevent harm or

stop a party from doing something, historically, it was not as common and
used more sparingly.

Overruling a precedent implies that a higher court has decided that a

previous ruling is no longer correct or relevant, and therefore, it will not
be followed in future cases.

As opposed to obiter dicta, which are remarks or comments made by a

judge in a case that are not essential to the decision and are not legally
binding as precedent.

Exercise 1: Complete the sentences with 10-20 words

1. Only when the European Communities Act was repealed did the UK
regain full legislative sovereignty from the EU
2. Although Magna Carta limited limited the power of the king, it did not
establish a democratic government
 3. Whereas the American Bill of Rights guarantees individual freedoms,
the UK relies on parliamentary statutes and common law
4. Pursuant to the notion of parliamentary sovereignty, Parliament can
make or repeal any law without legal restraint2 videos min.

Listening comprehension

From legal document to public myth: Magna Carta in the 17th century
British Library, 10 March 2015 (

https://www.youtube.com/watch?
v=sbcslBlqPzo&ab_channel=BritishLibrary)

1. Which 17th-century constitutional lawyer used Magna Carta to fight

against royal tyranny?

Sir Edward Coke was the 17th-century constitutional lawyer who

used Magna Carta to fight against royal tyranny. He argued that it
protected individual rights against the king’s prerogative.

2. Which side relied on Magna Carta during the Civil War?

The Parliamentarians relied on Magna Carta during the Civil War to

challenge the Stuart kings’ claims of absolute power.

3. What was achieved on the basis of Magna Carta in the 17th

century?

On the basis of Magna Carta in the 17th century, several key

achievements were made, including:

- The Petition of Right (1628) and later the Declaration of Right

(1689), which limited royal authority.
- The establishment of judicial independence and the abolition of
torture.
- The dismantling of the Star Chamber, ending the king’s power
to unilaterally punish subjects.

4. How did the status of Magna Carta evolve?

Over the course of the 17th century, Magna Carta evolved from a
technical legal document into a powerful political symbol. Initially
used in elite constitutional debates, it later became a mythic
foundation for legitimate governance. By the end of the century,
various groups—from parliamentarians to common people—invoked
it to justify their causes, making it a key reference point in political
discourse.

Professor explains Britain’s unwritten constitution

 1. What is Lord Norton’s view on conventions in terms of Britain’s
uncodified constitution?

Lord Norton views conventions as a crucial part of Britain's

uncodified constitution. While they do not have legal force, they are
powerful because they are morally upheld and necessary for the
political system to function smoothly. He describes conventions as
the "oil in the constitutional machinery," helping to balance legal
formalities with political realities.

2. Explain Lord Norton’s view on whether or not Boris Johnson had

been upending established precedent during his time in office.

Lord Norton does not believe that Boris Johnson was completely
upending established precedent but rather that he was using
existing powers in an unprecedented manner. For example,
proroguing (suspending) Parliament was not unusual, but the
length of the prorogation Johnson sought was the longest in 90
years. This made the move controversial, though it remained within
the bounds of the constitutional system.

3. The journalist says that from an American point of view it

appears the UK is “sailing into unchartered waters”. What is Lord
Norton’s perspective on this and is he worried?

Lord Norton disagrees that the UK is in "uncharted waters" but

acknowledges that it is experiencing "extraordinarily choppy
waters." He believes that the political system will eventually
stabilize, especially once Brexit is resolved and a general election
establishes a clear government majority. However, he
acknowledges concerns about the current instability.

4. What are some people calling for as a solution to the problems

evoked? What does Lord Norton think of such suggestions?

Some people are calling for major constitutional changes, such as a

codified (written) constitution or reforms to Parliament and the
House of Lords. However, Lord Norton is cautious about such
proposals, warning that rushing into systemic changes could create
even more problems. He argues that the focus should be on
carefully analyzing the existing issues before making drastic
changes.

How many HK citizens moved to the UK ?

Complete the following sentences. Write between 10 and 25 words. Do

not start a new sentence. a) In order to respect the principle of separation of
powers...
b) As the Human Rights Act incorporated...
c) Since 2005, ...
d) Although the Conservative – Liberal Democrat coalition...

e) Pursuant to the Freedom of Information Act 2000, ...

Similarities Differences
- Head of the executive power - Date of establishment: 2009 et
appoints the members of the 1989
supreme court - The Appellate Committee of the
- As the SCOTUS Justices, House of Lords was replaced by
UKSC Justices can serve on the UK Supreme Court
“good behavior’ - US Constitution established the
- They’re both committed to USSC
- They interpret law and make - Strong eligibility for UKSC but
decision for USSC members are
- They decide on the nominated based on merit,
constitutionality of law record, experience, and political
- All decisions are online affiliations.
- All wear black - A more diverse composition of
- Their courts are open for the members of the USSC than the
public UKSC, more members for the
- No political UKSC (12 vs 9)
- Ah hoc committee
- No retire for US but 70 max for
UK
- UK wears cloaks (cape) UK
suits

Text 3: “MPs reject bid to remove Church of England bishops from

House of Lords”,

Richard Wheeler, The Independent, 12 Nov. 2024,

https://www.independent.co.uk/news/uk/gavin-
williamson-justin-welby-house-of-lords-mps-church-of-england-b2645923.html

Exercise 1: Further Thought on "Facts"

1. What types of law existed in England in the Middle Ages?

In medieval England, the legal system comprised common law, canon law (church
law), manorial law (local feudal law), and equity law, which developed to address
the rigidity of common law.
2. Describe the system of common law writs as you understand it.
Common law writs were formal legal orders issued by the king's courts that
 allowed individuals to bring cases before the courts. They were specific to particular
causes of action and became increasingly rigid, leading to the development of equity.
3. What are "injunction," "rescission," and "order of specific performance"?
o Injunction: A court order requiring a party to do or refrain from doing
something to prevent harm.
o Rescission: The cancellation of a contract, returning the parties to their pre-
contractual position as if the agreement never existed.
o Order of specific performance: A legal remedy compelling a party to fulfill
contractual obligations, usually applied when damages are insufficient.
4. What do you understand to be the role of case law in the UK today?
Case law, or judicial precedent, is essential to the UK legal system as it ensures
consistency and predictability by requiring courts to follow past decisions in similar
cases under the doctrine of stare decisis.
5. Is a lower court always bound to comply with the legal ruling found in a higher
court’s decision?
Generally, yes—lower courts must follow higher courts' rulings within the same legal
hierarchy. However, they may distinguish a case on its facts or apply exceptions where
precedent is not binding.

Exercise 2: Sentence Completion

1. In order to issue legal proceedings in the Middle Ages, a claimant had to obtain the
correct writ from the royal courts, as common law required specific procedures to
be followed for each type of case.
2. The purpose of the Supreme Court of Judicature Acts was to merge common law
and equity courts, creating a unified judicial system that ensured more flexible
and fair legal remedies.
3. Although nowadays an injunction is commonly granted in civil law disputes, it
remains a discretionary remedy that courts issue only when monetary
compensation is inadequate.
4. Overruling a precedent implies that a higher court has decided that an earlier ruling
was incorrect, setting a new legal principle that must be followed in future cases.
5. As opposed to obiter dicta, which are non-binding judicial remarks, the ratio
decidendi of a case forms the legal reasoning that must be followed as precedent
in later cases.

Exercise 1:

Complete the following sentences with 15 to 30 words (exam format.)

● The King appoints...

● Even if the Monarch does not govern...

● As far as his/her relationships with the PM are concerned ...

● Since Henry VIII, the Church of England...

● According to Walter Bagehot ...

Symbol of privilege and inequality

No real political power

1. A constituency refers ...

2. Since 1958 ...
3. Whenever an MP dies ...
4. While the House of Lords is composed ...
5. Unlike backbenchers ...

Exercise 3: Fill in the blanks using the following words:

Rishi Sunak’s chief of staff has been given a life peerage (1) in the
dissolution honours along with the former prime minister Theresa May,
the former transport secretary Chris Grayling and the former chair of the
1922 Committee Sir Graham Brady.

Liam Booth-Smith, who was one of Sunak’s closest allies in government

having previously worked for Boris Johnson, will be elevated (3) to the
House of Lords along with six other Conservatives.

Booth-Smith was recently among those interviewed as a witness (5) by

the Gambling Commission in its investigation into bets placed on the
election date, though he is not among those believed to have placed bets.

Others nominated (6) by Sunak include the former deputy speaker

Eleanor Laing, the former Cop26 chief Alok Sharma and the MP Craig
Mackinlay, who became a quadruple amputee due to sepsis.

Keir Starmer has nominated eight retiring MPs for peerages, including a
number who stood down as the election was called, including John Cryer,
Barbara Keeley and John Spellar. The number of newly retiring (8) MPs
who will be elevated to the Lords by Labour means that the party has
nominated more new peers than the prime minister.

Other key Labour figures who will go to the Lords include the former
foreign secretary Margaret Beckett, the former deputy leader Harriet
Harman, former ministers Margaret Hodge and Kevan Jones, and the
former deputy speaker Rosie Winterton.

Two crossbench peers have been nominated , Dr Hilary Cass, the former
president of the Royal College of Paediatrics and Child Health, who wrote
a key report on gender identity services in the NHS, and Minette Batters,
the former president of the National Farmers’ Union.

Sunak has also nominated a number of current and former cabinet

ministers for honours. They include Thérèse Coffey, the former deputy
prime minister, who is made a dame (11), and the current deputy prime
minister Oliver Dowden, who is knighted along with (13) the former
Northern Ireland secretary Julian Smith and the former defence secretary
Ben Wallace.

Also knighted (14) is Alister Jack, the former Scottish secretary who
recently admitted having placed a bet on the election timing – though he
said it was done without inside knowledge and well before the election
date was known internally, with no inquiry (15) into him.

The Liberal Democrats nominated Caroline Pidgeon for a peerage, a

long-time member of the London assembly and a former mayoral (17)
candidate.

Exercise 4: Research task / Discussion

1. Why can’t Lords interfere in financial bills?

The House of Lords cannot amend or reject financial bills because of the
Parliament Act of 1911, which limits their influence over taxation and
public spending. This law ensures that budgetary decisions remain under
the control of the elected House of Commons, which represents the
people. The Lords can debate money bills, but they must pass them within
one month without modifications. This rule was established to maintain
democratic legitimacy and prevent unelected peers from obstructing
government finances.

2. What is the distance between the benches in the House of Commons?

Why?

The distance between the opposing benches in the House of Commons is

3.96 meters (13 feet). This tradition dates back to a time when Members
of Parliament carried swords, and the spacing was meant to prevent
physical altercations during debates. The idea was to ensure that even if
tempers flared, MPs could not easily reach each other with their
weapons. Today, this distance remains symbolic of parliamentary order
and decorum.

3. Find the origin of the following expressions:

• “Party whip” comes from fox hunting, where a “whipper-in” kept the
hounds together. In politics, a whip ensures party discipline by making
sure MPs vote according to their party’s stance.
 • “House of Lords” originates from the medieval Great Council, where
nobles and clergy advised the king. Over time, it became a legislative
chamber for the aristocracy.

• “House of Commons” represents the common people, as it was

established in the 13th century to include elected representatives from
towns and shires, rather than just the nobility.

4. What are the main qualities required to be a good whip?

A good whip must be persuasive, as they need to convince MPs to follow

the party line. They also require diplomacy to balance party discipline
with individual concerns. Discretion is crucial, as they handle confidential
party matters and manage internal disputes. Finally, they need authority
and resilience to enforce rules while maintaining the unity and
effectiveness of their party in Parliament.

Fonctionnaire: civil servant,

Prime Minister :

The cabinet : they all are serving MPs

During a cabinet reshuffle, the Prime Minister may rearrange the roles of
ministers to improve the functioning of the government.

Individual ministerial responsibility dictates that each minister is

accountable for the actions and policies of their department.

According to the principle of collective responsibility, all members of the

Cabinet must publicly support decisions made by the government, even if
they disagree privately.

Members of the Shadow Cabinet, who are usually senior opposition MPs,
scrutinize and challenge the work of government ministers in their
respective areas.

Unlike ministerial departments, which implement government policies,

non-ministerial departments are usually responsible for specific functions
without being headed by a minister.