Module 2

The constitution and public law: parliamentary sovereignty, the rule of law, devolution, human rights and judicial review

Most countries have a constitution in one document that says who holds power and what limits apply. The United Kingdom does not. Its constitution is **uncodified**: it is found in statutes, in judicial decisions, in conventions that are political rules and in the accumulated practice of institutions. That does not make it vague. It rests on a small set of principles that every public lawyer in England and Wales must know: Parliament is sovereign; the executive must act within the law; the courts are independent and review the legality of what public bodies do; and since 1998 the Convention rights are part of domestic law. This module explains each principle, the limits on it, and the main tool by which an individual can challenge a public body, judicial review.

General education on the law of England and Wales, using invented people and businesses. It states statutes and landmark decisions in simplified form, and it is not legal advice. The law changes and every case turns on its facts. Consult a qualified solicitor or barrister for any real matter.