Public Law: Analysis of UK Government, Rights, and Responsibilities

This essay provides a comprehensive overview of public law, examining various conventions and principles governing the relationship between the government and individuals. It delves into the concept of collective and individual ministerial responsibility, outlining the implications of these conventions on government decision-making and accountability. The essay further explores the role of backbenchers in scrutinizing government actions, the functions of the Parliamentary Commissioner in addressing citizen grievances, and the structure of the UK electoral system. Additionally, it discusses the powers of the Mayor, the application of the Human Rights Act, restrictions on freedom of speech and demonstration, and the differences between the Council of Europe and the European Union. The essay aims to create a better understanding about different provisions mentioned in Public law, which will govern rights of an individual.

Public Law

INTRODUCTION..........................................................................................................................................................3
QUESTIONS..................................................................................................................................................................3
1 Convention on collective ministerial responsibility............................................................................................3
2 Convention on Individual Ministerial Responsibility..........................................................................................4
3 Administration of backbencher over actions of minister and other government departments............................5
4 Functions of Parliamentary commissioner..........................................................................................................6
5 UK Electoral System...........................................................................................................................................8
6 Powers of Mayor..................................................................................................................................................9
7 Human right act comply with section 2-7..........................................................................................................10
8 Restrictions on right to freedom of speech........................................................................................................11
9 Restriction on to the demonstration in Parliamentary Square...........................................................................12
10 Difference between Council of Europe and European Union.........................................................................12
CONCLUSION.............................................................................................................................................................14
REFERENCES .............................................................................................................................................................14

INTRODUCTION
There are certain laws which are established in between government bodies and individuals.
These relation is made with the application of law and created to impact direct on to society
(Scheingold, 2011). Such relations are governed by communal laws which are mandatory to be
followed by the public. There are different kinds of field which have been covered by the public
law like constitutional, administrative , criminal and tax. In Public Law, there are certain
decisions which have to be taken by the government in relation to individuals and their rights. It
can be said that public law is considered as one of the most important bodies of legal system
which is established to understand the rights governed publicly or privately for many individual.
The following project will carry out a research on different aspects of Public Law. Main aim of
the project is to create a better understanding about different provisions mentioned in Public law,
which will govern rights of an individual.
QUESTIONS
1 Convention on collective ministerial responsibility
There are various kinds of conventions formed in a government to take certain important
decisions for rights and duties of an individual. Conventions are generally called agreements
which are made between states of its government for making benefits to an individual. One of
the most important conventions made by US government is about Collective Ministerial
responsibility(Loughlin, 2010). Such conventions state that all the members of cabinet must
support the decision which are made publicly for the benefits of general public. Convention on
collective ministerial responsibility is considered as constitutional convention in which
government shall be using Westminster System. Main concern about mentioning this convention
is to get agree upon the decision publicly although they might not agree upon this in person or
privately. Such decisions are generally taken in context to give vote for government in
legislature. When a decision has been given on certain topic by voting and any member of
cabinet openly objects on the same then they are under an obligation to resign from the
position(Alexander, and Alexander, 2011). In collective responsibility of minister, if vote of no
confidence has been passed, that is the vote no longer deemed fit passed in a Parliament then
whole government shall resign from the position. When whole government shall get dissolved,
then a new governmental body will be established or the Parliament shall will dissolve and

general election will held. In such ministerial responsibility, there are certain major decisions
which will be taken in context to government especially which have been made by the
cabinet(Von Glahn, and Taulbee, 2015). Any kind of personal objection on decision shall let to
resignation. For an example: it has been seen in the case of resignation given by Baroness Warsi
where an opinion was made by lady on a policy for Israel. A clash created between Baroness
Warsi and other member of cabinet regarding the policy which has resulted into resignation of
the person. Hence, it is very much clear from the convention of collective ministerial
responsibility that if collective decision is made on any legislation idea and if anyone shows a
disagreement then he shall be entitled or obliged for resignation(Newsom, Turk, and Kruckeberg,
2012).
2 Convention on Individual Ministerial Responsibility
It is not right to say that the convention of individual ministerial responsibility is a fiction. It can
be considered as a false fact that resignation of a minister entirely depends upon Prime Minister
and his assessment of involved political factor. According to the convention made on Individual
Ministerial Responsibility, it states that where there is a responsibility accounted to minister then
he is expected to take the complete blame on himself and give resignation(Gostin,2010). In other
words, it can be said that every individual has his/her own ministerial responsibility and so, it is
the duty of that particular person to fulfil certain duty. In case if he fails to do any ministerial
duty then he shall be entitled to give resignation. It can also be said that if any kind of corruption,
misrepresentation and misbehaviour occur in minister then such particular person shall be held
liable. Even if the particular minister has no knowledge about any illegal act happening within
ministry, he will be held responsible for all the actions govern in a ministry by its subordinates
because the minister has approved hiring of employed civil servants. If any kind of misdeed
occur then a minister is ought to give his resignation. Sometimes, there are different kinds of
situations occur in which there may be a possibility that a minister may face criminal
charge(Brownlie, and Crawford, 2012). In order to make sure that no false responsibility shall
fall on to the minister, he has to make sure that all civil servants who have been working as
subordinate must act in proper manner comply to the policy so that there will be no corruption,
misrepresentation or misbehaviour occur on the part of subordinates(Smith, Dinev, and Xu,
2011). The policy also remarks a statement that whenever an official make a mistake, although

such mistake in not serious in nature and doesn't comply with policy and no claim has been
involved to an individual then a minister is responsible for the mistake even though he is not
directly involved in such act. Hence, it can be said that according to Individual Ministerial
Responsibility, a person shall be entitled for resignation if any misbehaviour occur on the part of
subordinate because responsibility is in the hand of minister and he is not entitled to serve
resignation ask by a PM.
3 Administration of backbencher over actions of minister and other government departments
There are several kinds of bodies which have been instituted in the Parliament to take care of all
necessary decisions made for the betterment of society and an individual. One of the important
parts of Parliament is its ministers and other government departments. These both members of
Parliament are provided with different powers to make several kinds of decisions which is why it
is important to take care of the actions and decisions taken by ministers and other government
bodies(Pinquart, and Sörensen, 2011). A several body is established by the Member of
Parliament which will take care of all the action and duties to be govern on the account of
Minister. A different body called BackBenchers is established to carry out the administration
process. It is the body constitute of Member of parliament and Member of lords which will not
hold any kind of ministerial power and position but do possess a seat at the back of the chamber.
Such governmental body shall not hold any governmental office. The main role to be played by
backbecher is making different kinds of opinion on the matter which shall governed by the action
of ministers. When a policy is being discussed in the Parliament then backbencher has the duty
towards constituent ton check or to administer that whether all the work is going in process of
not. Backbenher shall administer the duty to be played by the government department for an
example it is the duty of the registrar to give all the basic information to any any individual if
asked, the role of backbencher is to check that whether that government body is successful in
establishing the information or not. Another example can be framed as any convention or policy
has been made between the government or any state then it is duty to shown opinion publicly on
the convention, the failure or agreeing upon the terms shall be determined by backbencher. This
body shall focus ion few things that is the actions which will be governed by ministers and the
the role is being properly played or not.

Committees: They are formed by small group's of MP's and looks for the most specific issues
which are present in the legislation. There are several committees which are having different
roles which are offering advice and producing the reports of alternative legislation. The house of
common is having departmental select committees. Both the houses which are of MP's and lords
work together in the joint select committee.
Debates: These debates will provide a chance for the MP's to look for the creation and
amendment of laws. They also look for national and international issues which can be of any
subject. Voting system will decide whether the law should be selected or rejected. Most of the
debates will take place in the common secondary chamber and there will be an opportunity for
the MP to put up any local or national issue. The minister is liable to give them response on those
issues raised by them.
Questions: Lords and MP's are having the right to question government minister either directly
or indirectly. These questions will be taken on the floor of the house either in written form or
oral. Minister from each department will have to attend the session, so that they can give the
appropriate answer to all the questions.
4 Functions of Parliamentary commissioner.
There might situation arise in which most of the constituents of member of Parliament are being
mistreated by government. In order to rectify such situation it is very important to set a body
which will take care of all the essential key elements regarding same. In order to govern that no
constituents shall be mistreated by the government department, a body of parliamentary
commissioner is being set up which will look for the illegal or other activities to be carried out
by the government department. A different act has been established called Parliamentary
Commissioner Act 1967 which stated that an Ombudsman has a duty to investigate on to the
actions governed by central government and in department and public authorities. On the other
hand it can be said that the person shall take care of the all the actions which will be taken by
central government in terms of ministry or not. It is very important for the central ministry not to
take any actions which will mistreat any kind of constitute(Sharma, Teret, and Brownell, 2010).
The first and foremost function of parliamentary commissioner s to investigate certain actions.
When an investigation is being carried out for actions of government body then it will take care

of all the aspects that what are the policies to be established and whether these policies are
benefiting minister and its constituents or not. Once an investigation shall be carried out in terms
of constitutes then it will make it more clear regarding mistreatment.
The parliamentary and health service ombudsman is the combination of health service
commissioner and parliamentary commissioner. He is responsible for considering the complaints
which are registered by public. He has handled around 24,000 inquiries of all the government
department. He is also appointed as the crown which is majorly recommended by the Prime
minister of UK and he is accountable to the parliament. He is independent and liable to report to
both the houses. According to the given laws, the complaints which are made to the
parliamentary ombudsman must be referred to the MP's. He is only responsible for those
complaints which are given to him by the parliament. After any member of parliament has
referred the complaint, then ombudsman has the power to investigate the administrative actions
of all the departments of government. If he finds that injustice was done here, then he is having
the right to put the things into place by providing proper solutions. He can also send the report to
the parliament regarding the injustice which was done. The final conclusion is made by the
parliament and they can also tell the commissioner to make the final decision which are as per
the scenario.
Ombudsman is appointed on the basis of three years. He is having two types of function,
one is conciliation and second is award making. He is having the power to receive the complaints
in context will all the issues from any person. The complaint can be related to any grievance
which is against the insurer. The functions are very much restricted because of the contract of
their insurance. The insurance companies are liable to pay the total award within three months if
the time period has passed.

5 UK Electoral System
An Electoral system can be explain as the proper procedure which shall be followed by the
citizen of a country. In this kind of system, an individual has the right to choose his
representative to sit in a government body. Such procedure shall be carried out by maximum
number of votes attained by a particular individual. There are many people who propose their
name as a representative for the election to hear the voice of public and to fulfill the demand of
same(Chaudhuri, 2011). There is particular procedure top be followed by the country in order to
conduct a fair election and to make sure that no Representative shall be chosen by any kind of
misinterpretation and all shall b treated on an equal base. For an example it has been seen that a
proper electoral system is followed by UK to make sure that the elections will be conducted in
fair manner. There are general 6 types of elections to be conducted in UK that is general
elections, elections to disolve parliments and assemblies, elections to European Parliament, local
election, Mayoral election and Police and Crime Commissioner elections. In order to conduct
fair election a proper procedure of polling shall be conducted in which vote can be cast by person
itself, by Post or by Proxy. A particular timing and date is to established in order to carry out
voting for the candidate. There are various kinds of issued faced by electoral system like Low
Turnout, Proportional Representation.
There are many domination political parties established in UK which will raise their
Representative from a particular political party to win the elections. In order to conduct a fair
voting with relation to the Representative of government it is very important that such
organization shall be registered with electoral commission . Party must regularly make donation
and raise loans. If Representative has followed the procedure or registration then a fair election
will be conducted(Lan, and Heracleous, 2010). There are many reforms which has been
suggested on the account of electoral system for an example reform of proportional
Representation, parliamentary and party position and low Turnout.
The advantage of FPTP voting system is that it is very easy to understand. The cost is
very less as compare to electronic voting system. The vote counting is very quick. It is best
suited for the two party system, which will be producing the government of single party. But the
disadvantage is that the size of winning margin can not be accurate. The election results can get

affected by the boundaries drawn. It certainly restricts the choices of the candidates who are
voting.
Electrol laws are working very effectively because this system provides more choices for
the voter. This is also helpful in reducing the scandals, because the voter can only be able to
press the button once and after that it gets locked. So the chances of pressing the button is very
less.
Political parties, Elections and referendums Act 200, is the act of parliament which is
used in setting out the political parties, elections and referendums. The act was first introduced
after consulting with all the political parties. This law gave the newly reformed electrol law a
role in controlling the registration of various political parties. This builds on the provisions of
registration of political parties act 1998, and there is an specific fees annually for all the
registration parties.
6 Powers of Mayor
A mayor is a highest authority of municipal government. It can be in a city, town or anywhere in
the whole country. A mayor can be appointed as chief executive officer of municipal government
or may be constituted as multimember governing body. The position of a mayor shall dependent
upon the system choose as well as the medium by which a mayor is going to select(Christensen,
and Wright, 2011). There are certain responsibilities which shall be governed by a mayor of a
state. The responsibility are important to entitled because there are certain decision which will be
taken by a mayor and while making any kind of decision he has to take care of the responsibility
or the key role a mayor is suppose to play.
Case I) The decision made by the mayor can be challenged because the display of fire
works has normally been done on both of these FM. So mayor is using his power in wrongful
manner because he is not the one who will decide what should news should be broadcasted. Each
year the channel was used for advertising the fire works, and just because they have criticised
mayor for his acts, does not mean that he is having the power to stop the FM from running the
news. The money he saved, he was using for his personal use and which is not acceptable as it is
against rules and regulations. That money is for local people not for his general use, so the
decision made by him can be challenged.

Case II) The scholarship is offered every year to the dancers so that they will get
motivated and get inspiration. The government is supporting them by giving them Billy Elliot
scholarship. According to the mayor, this award should not be distributed because extraordinary
level of ability is not occurred on the frequent basis. The mayor is changing his judgements and
this decision can be challenged because it is the job of the government to encourage bright and
talented people. They should motivate those people by giving them scholarships. It will give
them more opportunities to work harder and achieve more success.
Case III) The decision can be challenged because mayor is wrong here. Golden pigeon
charity is only applying for this event so that they can raise charity for those people who are in
need. First he granted the permission but as soon as he found out that the auditor of the charity
event has written something against him, which lead to the damage of $20,000 to the mayor, he
immediately withdraws the application. Juts because he is getting insulted personally, this
doesn't mean that he can do the same to the other party. Those people are innocent and the mayor
can sentenced to jail for doing suck kind of wrongful act to the innocent people.
Case IV) Travelling fairs and circus team wants to hold an event at the golf course. They
have applied for it but all the power is in mayor's hands. He can grant the permission or he can
reject the permission. To hold any event in the golf course, it is mandatory to take the permission
from the secretary so that no further issues can be raised. In this case the decision of the mayor
can not be challenged as he is right here. If the circus team can take the permission from the
secretary, then mayor will easily grant the permission.
7 Human right act comply with section 2-7
Human rights can be explained as general principal and norms which are established by
government in order to protect rights and duties of an individual. There are basic rights which
shall be governed by every individual and it is very important to protect them as it will result into
protection of interest of a human(Haselmann, Pistor, and Vig, 2010). It is not right to state that
Human rights have ended the supreme power of parliamentary as well as enable unelected judges
to defy the will of people. There are certain section explained in the human right act 1998 which
will explain that parliamentary is still sovereign.

Section 2 of human right act state about interpretation of convention right which states that a
tribunal or court ha the power to taken an account of such cases which are in connection to the
question of any convention for an example Article 31 of the convention. Section 3 of the act
states that primary legislation and subordinate legislation shall be interpretate in such a manner
that it shall be compatible to convention rights. Section 4 explains about the in compatibility of
any legislation. Section 5 states that if any incompatable convention found then it shall be taken
crown is entitles to notice in accordance with rules of court(Chávez, 2011). Section 6 states about
act of public authority and the proceedings are explained under section 7 which makes it more
clear that act focus on legislation and Parliament is still considered as sovereign.
In order to prevent the parliamentary sovereignty, it is very necessary to evaluate the
status of human rights and parliamentary sovereignty. After introducing HRA, greater emphasis
was placed on the protection of basic human right. The section 2 will direct the court to have
regard the different enforcement and supervisory bodies. No less or more approach was used.
One of the major issues raised was the effectiveness of this law and this law was very much
effective in terms of protecting the human rights.
8 Restrictions on right to freedom of speech
There are many rights which has been governed by constitution as well as by the means of
human rights of which one of the important right is freedom to speech. According to the right of
freedom of speech an individual has a right to express his opinion on any discussion or decision
without any kind of restraint. But there are certain restriction imposed on rights to freedom of
speech an expression(Biermann, Boas, 2010). It has been explained by the operation of law that
no individual is allowed to form any kind of derogatory or defamatory sentence that is no
individual has the power to defame any other individual. Any person who found doing
defamation in public shall be entitled for legal liability. A defamation can be explained as a
sentence which is damaging a good reputation of an individual. Restriction to form defamatory
sentences shall not infringed human rights. There are certain restriction which has been imposed
in European convention of human rights. Such restriction are reasonable because with the
application of law, no person has the right to form a defamatory sentence.

The official secret act was held on the British colonization. It states all the actions which
are being held against the nation. Any person or country can not approach, inspect or even pass
the prohibited area without proper written permission from the government. Obscenity law deals
with the regulation or suspension of obscenity. This session revolves around pornography and
censorship. Most of the issues have been raised for the freedom of speech. This law was
developed to keep the public morale and their values very high. The federal government is
involved in all the issues which are related to the cultural and morale values of the local public.
Racial and religious hatred Act 2006 is the act of parliament of UK which is creating major
offense for those are having hatred against the personal grounds of their religion. This law was
developed because the government do not want any kind of disputes among local people in
context with their religion.
9 Restriction on to the demonstration in Parliamentary Square
Parliamentary square can be explained as an open place in UK where 11 statues of renown leader
are established. Various kind of demonstration shall be carried out by the people(THOMSON
REUTERS, 2016). The place is highly known for big demonstration and protest to be held by
public raising many demands. But is not possible for law to entertain each and every protest
which is why there are certain limitation or restriction has bee established. Such restrictions are
either governed by human rights or may be recognized by European convention on Human
Rights. The basic restrictions to be imposed by act are:-
 The demonstration shall not be illegal in nature that is it shall not be conducted out of the
frame of legal norms and regulations
 The Demonstration shall not infringe right and does not restrict the duty of an individual
governed by human rights.
 The act shall not frame any defamatory result to any group or on to th person.
 The demonstration shall be conducted in peaceful manner without the use of armed force.
10 Difference between Council of Europe and European Union
a) The European Union and council of Europe share the same basic values of
human right, democracy and the rule of law, but are different entities which
perform different roles. As per, Council of Europe is most of a cultural institution