Understanding Public Law and its Implications

PUBLIC LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
PUBLIC LAW.................................................................................................................................3
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................13

INTRODUCTION
Public law refers to such laws which are imposed in respect of building the strong
relationship between the individuals and state. It is the duty of the parliament to make such laws
which provide security to the people in context of dealing in any such activities1. Thus, in this
report the matters are discussed under the prorogation case in which the order is given by the
monarch regarding terminate the parliament session and engaged in starting the new session. In
this report, the judgement is raised in favour of the court regarding performing its constitutional
duty which is supported with the case study relating to the Miller II and cherry.
PUBLIC LAW
Meaning:
It is stated that public law is the part of the law which is mainly imposed in securing the
right of the person to the stay freely in country and also protect their interest through engaging in
any such activity. Under the constitutional law, it mainly reflects the laws which are made in
respect of legislation, executive and judiciary. As legislation refers to the process of making laws
which is initiated in respect of facing any illegal activity or person are not getting the fair
decisions. Once the laws are made, it than further raised to the executive stage in which the laws
are executed or taking appropriate action to implement such laws. After examining the executive
stage, the decision is further raised to the judicial, who carry the power to use such laws to
provide justice to the person.
Constitutional law and its principles:
According to the constitutional law, it refers to such laws which are mainly imposed in
managing the human right of the citizen in country2. The activities relating to discrimination
between the person on the bases of caste, sex, colour, region and religion is not to be entertained
in any of the laws. Usually constitutional laws refer to the written laws which are mentioned in
1 Jones, B.C., 2018. The rule of law in UK public law textbooks: from critique to
acceptance?. Forthcoming in Public Law.
2 Varuhas, J.N., 2018. Administrative Law and Rights in the UK House of Lords and
Supreme Court. Forthcoming in P Daly (ed), Apex Courts and the Common Law
(University of Toronto Press 2018).

the constitution and every person are obliged to work under the set norms. There are majorly two
different principles being followed under the constitutional law which is Sovereignty of
Parliament and limited government. The first principle that is parliamentary sovereignty is the
legal supremacy wherein parliament can legislate on any subject or area of study. Here, the
parliament includes the crown that is the queen and the two houses that is house of lords and
house of common. In simple words, if the queen is deemed to be parliament then the
parliamentary sovereignty refers to as the law enacted by the queen within the parliament.
Another principle is the limited government that is the government can do only activities for
which they are responsible for the making of law3.
Constitutional duty
There are many duties of the constitution which needs to be fulfilled by every person
coming in the constitution. The major duty is to provide freedom to every citizen to live within
the country in proper manner so that there is peace and safety in the country. The basic duty of
the constitution is to ensure that every citizen is paid equal importance and weight age and there
is no discrimination among any of the person living in the country4. Another major duty is of
providing and promoting of pluralism and tolerance and to put a balance between the interest that
is balance over interest of individual and the interest of overall society.
Liability of the judges to work under constitution norms
The judge has many types of liabilities and obligations while working under the
constitution norms. The major liability of the judges under the constitution is to provide for
justice in any situation. Another major liability of judge under the constitution law is to ensure
that all the laws are being followed by every citizen and business in proper manner. This is
necessary because of the reason that if the laws and rules and regulations are not being complied
by the people and residents of country then there will not be any good working in the country.
Thus, for the effective working of the company it is the liability of the judge to ensure that all the
cases within the court are not pending and the judgement on all the cases is being passed on
3 Taylor, R.B., 2018. Late to the party: chronicling the role of the courts in the continuing
evolution of UK public law. Comparative Legal History. 6(1). pp.124-151.
4 Lock QC, D., Blundell, D. and Mills, A., 2016. Brexit: What Does the Outcome Mean
for UK Public Law?.