Constitutional and administrative law sits in the FLK1 syllabus and covers the structure of the UK constitution, parliamentary sovereignty, the rule of law, judicial review, and the Human Rights Act 1998. It rewards candidates who understand the underlying principles as well as the specific rules.
The Nature of the UK Constitution
The UK does not have a single codified constitutional document. Instead, the constitution is found in statutes, common law, and constitutional conventions. Key constitutional statutes include the Bill of Rights 1689, the Human Rights Act 1998, and the Constitutional Reform Act 2005.
Parliamentary Sovereignty
Dicey’s classic formulation: Parliament can make or unmake any law; no Parliament can bind its successor; no court can declare an Act of Parliament invalid. This remains the foundational principle, though it has been challenged in practice:
- The Human Rights Act 1998: Courts can make declarations of incompatibility but cannot strike down legislation.
- Constitutional statutes: In Thoburn v Sunderland City Council [2002], Laws LJ suggested constitutional statutes are not impliedly repealed by later inconsistent legislation — a controversial but influential idea.
The Rule of Law
The rule of law — associated with Dicey and Lord Bingham — requires certainty and accessibility of the law; equality before the law; and protection of fundamental rights. The Constitutional Reform Act 2005 placed the Lord Chancellor under a statutory duty to uphold the rule of law and the independence of the judiciary.
Questions about the tension between parliamentary sovereignty and the rule of law — or the extent to which the HRA 1998 creates a constitutional dialogue — are classic SQE1 conceptual questions. Know the arguments on both sides.
Judicial Review
Judicial review supervises the exercise of public powers. It is concerned with whether a decision was made lawfully, not its merits. The main grounds are:
- Illegality: The decision-maker acted ultra vires or made an error of law.
- Irrationality: The decision is so unreasonable that no reasonable decision-maker could have reached it (Wednesbury). Proportionality applies where Convention rights are engaged.
- Procedural impropriety: Failure to follow required procedures, or breach of natural justice — including apparent bias.
The Human Rights Act 1998
Section 3 requires courts to interpret legislation compatibly with Convention rights “so far as possible.” Section 4 empowers higher courts to make declarations of incompatibility. Section 6 makes it unlawful for public authorities to act incompatibly with Convention rights.
Practise This Topic on Sqewise
Constitutional law questions in FLK1 combine conceptual principles with application to specific scenarios. Practise public law questions on Sqewise, review your progress on the dashboard, and see the full SQE1 topic list.