1. Constitutional and Administrative Law
Richard O’Neill
University of Hertfordshire

2. Public and private law Public law Private law
includes criminal, constitutional and administrative law
concerned with interaction between individual and the State
Private law
includes tort and contract law
concerned with interaction between individuals

3. Constitutional and administrative law
What is a constitution?
different types of constitutions
Flexible/Inflexible
Federal/Unitary
Presidential/Parliamentary
Why does the UK not have a written constitution?
Sources of the constitution
statutory law
common law
custom
conventions

4. The constitution Characteristics of UK constitution unwritten
separation of powers
Parliamentary (legislative) sovereignty
rule of law
the Royal Prerogative
independence of the judiciary
Judicial review

5. Doctrine of Separation of Powers
Primary functions of the State
Legislature - Parliament
law-making
Executive - the government and its servants – army, police, etc.
law enforcing
Judiciary – the Judges
apply law and resolve disputes
Montesquieu’s theory (18th Century)
these three types of ‘power’ should not be concentrated in one person or group
Relationships and safeguards
executive/legislature/judiciary
checks and balances

6. Separation of Powers

7. Separation of Powers

8. Rule of law Developed from writings by Dicey (19th Century)
‘no sanction without breach’
nobody punished unless they have broken a law
State should use its power according to agreed rules and not arbitrarily
law should govern all
no-one above the law
public authorities subject to same law as ordinary citizens
protection of rights
rights not secured by a written constitution but by decisions of judges in ordinary law
legal process
accessibility
procedural fairness
checks on abuse of powers – judicial review

9. Royal prerogative constitutional monarchy
role of the monarch and ‘the Crown’
prerogative
foreign affairs
domestic affairs

10. Parliament and the Executive
Role of Parliament
legitimisation of executive
scrutiny and influence
formation of government
The Crown and the Privy Council
Royal prerogative
constitutional monarchy
role of the monarch and ‘the Crown’
prerogative
foreign affairs
domestic affairs
Prime Minster and Cabinet
Civil Service
Local Government

11. Supremacy of Parliament
Parliament highest source of law
no limit on law making by Parliament
able to legislate on any subject matter and cannot be bound by predecessors
courts obliged to apply the law
cannot pass judgement on validity of legislation
contrast with countries having a written constitution or Bill of Rights
impact of European Union

12. European Union History and development of European Union
United Kingdom
Expansion
The Institutions
European Commission
Council of Ministers
Court of Justice
European Parliament
European Community Law

13. European Community Law
Relationship between EC Law and the Constitution of the UK
basic principles
sources of EC law
primary sources
Treaties – fundamental; apply automatically
secondary sources
Regulations – general application
Directives – binding; require implementation
decisions – binding on those to whom they are addressed
recommendations and opinions- not binding, only to be considered

14. Civil Liberties and Human Rights
forms of civil liberties
remedies for infringement of civil liberties
Human Rights
European Convention on Human Rights
background
status in UK Law
human rights and Parliamentary supremacy
Human Rights Act 1998
European Commission on Human Rights
European Court of Human Rights
relationship with EC law

15. Constitutional and Administrative Law
Constitutional law
controls the method of government, Parliament, etc
Administrative law
branch of constitutional law
developed from development of the Administrative State
general principles which govern the exercise of powers and duties by public bodies such as local councils, Government departments, or Ministers

16. Judicial review
Designed to keep those persons and bodies with delegated powers within the scope of the power
High Court (QBD)
Administrative Court; judge with expertise in Public Law
Distinction between appeal and judicial review
Bodies and decisions subject to judicial review
public body exercising public law functions
Procedural ultra vires
procedural impropriety
failure to follow statutory procedure
not observed rules of natural justice
duty to give a fair hearing; duty not to be affected by bias; doctrine of legitimate expectation

17. Judicial review Substantive ultra vires Illegality
Acting ultra vires – beyond powers
Irrelevant considerations
Improper purpose
Fettered discretion
Delegation of discretion
‘Error on the face of the record’
Irrationality
Wednesbury unreasonable
Associated Provincial Picture Houses v Wednesbury Corporation [1947] 2 All ER 680 CA

18. Judicial review Procedure Remedies – all discretionary
Time limit
Leave
Locus standi and sufficient interest
Remedies – all discretionary
certiorari – quashing order
mandamus – mandatory order
prohibition – prohibiting order
injunction
declaration
Damages
Public Interest Immunity and Ouster clauses