Chapter 1 Notes on key legislation
Administration and the principles of the constitution
European Convention on Human Rights
- The articles catalogue the values that are legally protected at a European and a national level.
- Please note the links to the Protocols in the right-hand corner.
- Section 3(1) provides that UK legislation, so far as possible, is to be read and given effect to compatibly with Convention rights. This puts the principle of legality on a statutory footing where Convention rights are concerned.
EC Treaty (‘Treaty of Rome’ - Consolidated Version)
- Article 5, added in the Maastricht Treaty, 1992, outlines the principle of subsidiarity.
Bill of Rights 1688
- Provides that the monarch does not have the ability to suspend laws (below ‘The Subject’s Rights’ under the title ‘Dispensing Power’).
- The other articles focus on protecting Parliament from undue encroachment by the executive power (then held by the King).
- This statute enshrines the ‘due process’ principle.
Freedom of Information Act 2000
- Section 1 provides for a general right to government information.
- This right is substantially restricted by exemptions to the duty of public authorities to provide the requested information, including
- Section 35: Where the information concerns the formulation or development of government policy.
- Section 36: Where the information might prejudice the effective conduct of public affairs.
Public Interest Disclosure Act 1998
- This Act protects ‘whistleblowers’ who disclose information about malpractice.
- Victimization in breach of the Act can lead to damages in an employment tribunal (Section 3).