宪法学与行政法学

内容简介

宪法与行政法，是公法学习中重要的部门法，也是法学本科生必
修课程。学生通过对该教材的学习，可以了解到英国宪法的重要内容
及立宪背景。
在这本教材中，作者采用简明易懂的语言将其重点知识，如宪法的起
源、宪法 的基本原则、国家组织结构、人权及司法审查等内容一一作
了介绍与阐释。教材每一章节之始，作者为其内容的重点知识词汇编
制了知识网络图，这种直观的方式，可以使学生在学习前就对其
有一个完整及初步的了解。同时，每一章节还配有相关的案例以及分
析，这样可以帮助学生理解相关知识并熟悉司法实践过程，提高运用
能力。再有，每一章节还附有部分内容的知识图表，便于学生对所学
的知识能够得到及时的总结和梳理。
《宪法学与行政法学》这本教材语言简明易懂，便于老师和学生在短
时间内，掌握宪法与行政法学的主要内容，并了解英国法是从怎样的
角度和思路介绍宪法与行政法学内容的。教材附录部分的重点词汇，
可以使学生很快地理解重点词汇的含义，以扫清阅读和学习障碍。

摘要与插图

Introduction
What is a constitution anyway?
Before you can discuss the operation of the constitution, you
need to know what we
mean by the term and the answer to this is not as easy as it
might first appear. The UK
is different from almost every other country in the world in
that we do not have a written
constitution. Instead, our constitution is a web of mainly
unwritten rules and this has
serious implications for the way in which ‘the system’
works.
Essay questions
Essay questions on the unwritten constitution are an old
favourite of examiners. Often,
questions will ask you to compare and contrast our unwritten
constitution with the more
common written constitution (as found in countries such as
the USA). Alternatively, an
essay question may ask you to consider the extent to which
the constitution provides
protection for an individual’s civil liberties in the UK.
Both types of question are fairly
straightforward if you appreciate the main differences
between the unwritten and writ-
ten systems, and it is possible to achieve high marks by
making sure that you not only
describe the constitution but also offer some analysis or
criticism of how it operates.
Problem questions
Problem questions on the constitution are fairly uncommon,
although the way in which
the unwritten constitution influences the operation of the
state can be mentioned in
almost any public law question. More likely is a question
which may be posed as a
scenario but which is, in reality, more of an essay question
and simply requires you to
address the same material as you would in an essay question
(see example).
ASSESSmEnT AdvIcE
■■Sample question
Could you answer this question? Below is a typical essay
question that could arise on this
topic. Guidelines on answering the question are included at
the end of this chapter, whilst a
sample problem question and guidance on tackling it can be
found on the companion website.
‘The fact that the UK does not have a written constitution
is of no practical significance to
the individual.’ Discuss.
ESSAy qUESTIon
M01_TAYLOR1742_03_SE_C01.indd 3 6/20/12 8:52 PM

1 THE ConSTITUTION OF THE UK
■■What is a constitution?
A ‘constitution’ simply means a system of rules. Many
organisations and clubs have constitutions
which set out how people are appointed to run the club and
the rules which affect
the club’s members. In the same way, the constitution of a
country sets out how power is
held by the state and how that power relates to the citizen.
In this way, the constitution can
be said to define both a horizontal relationship (between the
various institutions of state) and
a vertical relationship (between the state and the
in