Kara Sears
Constitutional and administrative law is a significant area of legal practice governing the relationship between individuals and the state. In the UK, constitutional law is based on a set of principles and rules by which the country is organised, while administrative law focuses on how public organisations operate. Lawyers practising administrative or constitutional law work to ensure that government bodies and agencies are acting in the public interest and that power is not abused.
| Characteristics | Values |
|---|---|
| Core area of law | Holding the country together |
| Ensuring public interest | Putting the public interest at heart |
| Holding government accountable | Checking power is not abused |
| Governing relationships | Shaping society |
| Ensuring fairness and reasonableness | Protecting individuals' rights |
| Preventing abuse of power | |
| Ensuring lawfulness |
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What You'll Learn
The UK constitution
The British Constitution forms the basis of the UK's legal system and dictates how the government operates and serves and protects its citizens. Constitutional law is closely linked to administrative law, which focuses on how public organisations operate. All public bodies, from national and local governments to the police and prison services, are required to obey the law and operate fairly and reasonably.
Constitutional and administrative law are the cornerstones of public law, which also includes criminal law, international law, financial law, education law, and human rights law. Public law governs the relationship between individuals and public organisations, ensuring that people are treated fairly and that public bodies act within set legal boundaries. For example, a person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds for the cause of action becoming known.
The importance of public law cannot be overstated. It exists to protect individuals and create a fairer society by ensuring law and order and defending individual rights.
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Public bodies and the law
Constitutional and administrative law in the UK encompasses the rules and principles that govern the behaviour of public bodies, including the government, local authorities, and other agencies. These laws outline the powers and duties of these organisations and ensure that they act within the boundaries set by legislation.
Public bodies are created and operate under specific laws and regulations, which define their structure, functions, and responsibilities. These bodies include central government departments, non-departmental public bodies, and local authorities. They deliver public services, implement government policies, and manage various aspects of society, such as education, healthcare, and transportation.
The law plays a crucial role in holding public bodies accountable for their actions and ensuring that they act lawfully and reasonably. It provides a framework for decision-making processes, requiring transparency, fairness, and compliance with human rights legislation. Judicial review is a key mechanism for enforcing the law against public bodies. It allows their decisions and actions to be challenged in court, ensuring that they adhere to legal standards and can be held accountable for any unlawful behaviour.
The Human Rights Act 1998 is a significant piece of legislation that influences the relationship between public bodies and the law. It incorporates the European Convention on Human Rights, ensuring that public authorities respect and protect individuals' human rights in their day-to-day functions. This means that public bodies' decisions and actions can be challenged if they violate these rights.
Additionally, freedom of information legislation promotes transparency and accountability in public bodies. It grants individuals the right to access information held by public authorities, enabling scrutiny of their activities and ensuring that they act in the public interest.
In conclusion, constitutional and administrative law in the UK regulates the conduct of public bodies, ensuring they operate within their legal powers and uphold human rights. By holding these organisations accountable through judicial review and freedom of information laws, the law safeguards citizens' rights and maintains the integrity of public administration.
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Human rights and judicial review
Constitutional and administrative law in the UK is a core area of law that holds the country together. It is a set of rules, guidelines, powers, and laws that govern how the country is run and where power lies. It ensures that power is not abused and is used appropriately.
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. It is a process that protects human rights in the UK. Judicial review allows people who feel that a decision made by a public authority has breached their human rights to challenge this decision. If a judge finds that a decision breaches someone's human rights, the decision is treated as if it was never made, and the decision-making process must be repeated. Judicial review, therefore, helps to make human rights enforceable.
The Human Rights Act 1998 provides that statutes must be interpreted, and public bodies must act in a manner compliant with the European Convention on Human Rights and Fundamental Freedoms. The Act also states that public authorities have a legal duty to respect, protect, and fulfil human rights in their decision-making. If they fail to do so, their decisions can be challenged through judicial review.
In the UK, judicial review cannot be used to review primary legislation (laws passed by Parliament), even if it is contrary to EU law or the European Convention on Human Rights. However, judicial review can be used in some cases where primary legislation is contrary to the European Convention of Human Rights and European Union law.
Judicial review can also be used to correct any error of law made by a tribunal, regardless of how a statute defines the powers of a tribunal. The courts have supervisory jurisdiction over public authorities and tribunals and can impose an injunction upon a public body.
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Public interest and government bodies
Constitutional and administrative law in the UK is an important area of law that ensures the government and its agencies act in the public interest. It is the glue that holds all the other laws together and ensures that power is not abused.
Administrative law is closely linked to constitutional law and focuses on how public organisations operate. It ensures that all public bodies, including government departments, local councils, ministers, and the Prime Minister, operate fairly and reasonably. If a public body acts outside the 'letter and spirit of the law', individuals or groups with a 'sufficient interest' can challenge their decisions through judicial review. For example, in the case of R (McCarthy and Stone Ltd) v Richmond Council, it was held that Richmond Council had no statutory power to charge residents a fee to consult its planning officers. Judicial reviews have also exposed wrongdoing in areas such as immigration, freedom of information, and Brexit.
Constitutional and administrative law also provides checks and balances on the government's power. The UK does not have a formal constitution like the US or Germany, but it has a series of rules, guidelines, powers, and laws that govern how the country is run. This area of law ensures that these rules are followed and power is used appropriately.
Practising constitutional and administrative law can involve working for the state in the Government Legal Service (GLS) or in private practice against the state. Lawyers in this field ensure that government bodies act in the public interest and can work with organisations such as the NHS, local councils, or the police.
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The role of Parliament
The UK does not have a constitution in the same way that countries like the US or Germany do. Instead, it has a series of rules, guidelines, powers, and laws that govern how the country is run and where power lies. This is where constitutional and administrative law come into play—they ensure that power is not abused and is used appropriately.
Constitutional law forms the basis of the UK's legal system, outlining how the government operates and how it serves and protects its citizens. Administrative law, closely linked to constitutional law, focuses on how public organisations operate. It ensures that all public bodies, including national and local governments, operate fairly and reasonably and do not misuse the law.
Parliament sets the rules and guidelines that govern the country and, by extension, public organisations. It establishes the principles and values that shape the operation of these organisations, ensuring fairness and preventing the abuse of power.
In the event of a breach or misuse of power, individuals can challenge the decisions of public bodies through the High Court. This process of judicial review allows for scrutiny and accountability, ensuring that public bodies adhere to the letter and spirit of the law.
In summary, the role of Parliament in constitutional and administrative law is to create and uphold the framework of rules and principles that govern the country and public organisations. It ensures fairness, protects citizens' rights, and holds public bodies accountable for their actions through judicial review, ultimately safeguarding the public interest.
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Frequently asked questions
Constitutional and administrative law is the glue that holds all other laws together. It ensures the country functions and that the government and its bodies act in the public interest.
The UK constitution is defined as "the set of principles and rules by which a country is organised". It forms the basis of the legal system and how the government operates.
Administrative law focuses on how public organisations operate. It ensures that public bodies act fairly, reasonably, and within the law.
Constitutional and administrative law are the cornerstones of public law. Administrative law is part of constitutional law and is designed to hold executive power and public bodies accountable under the law.
A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest". A claimant can ask for the decision to be declared void, for an order to make the body do something, or to prevent the body from acting unlawfully.
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