Constitutional and Administrative Law
Constitutional and Administrative Law covers the principles that govern the relationship between the state, individuals, and institutions. Key pillars: parliamentary sovereignty, the rule of law, and separation of powers. Judicial review — the mechanism by which courts scrutinise public authority decisions — is a consistently tested area. The Human Rights Act 1998 (incorporating the ECHR into domestic law) and devolution are also examined.
Practise Constitutional and Administrative Law questions →What FLK1 tests in Constitutional and Administrative Law
Parliamentary Sovereignty
Dicey's formulation: Parliament can make or unmake any law; no Parliament can bind its successor; no court can question an Act of Parliament. Challenges: the EU (pre-Brexit), the HRA 1998, devolution, and constitutional statutes (Thoburn v Sunderland).
Rule of Law and Separation of Powers
Dicey's three elements: no punishment without breach of law; equality before the law; constitutional rights flow from common law. Separation of powers: executive, legislature, judiciary — the judiciary must be independent (Constitutional Reform Act 2005 created the Supreme Court and Judicial Appointments Commission).
Judicial Review: Grounds
CCSU v Minister for Civil Service (GCHQ) [1985]: three grounds — illegality, irrationality, procedural impropriety. Lord Diplock added proportionality for EU and HRA cases. Illegality: the decision-maker must act within their vires. Irrationality: Wednesbury unreasonableness — a decision so unreasonable no reasonable authority could make it.
Judicial Review: Procedure and Remedies
Claim for judicial review: permission stage, duty to apply promptly (generally 3 months). Remedies: quashing order, prohibiting order, mandatory order (prerogative remedies); declaration; injunction. The court may grant interim relief. Only public bodies exercising public functions are susceptible to JR.
Human Rights Act 1998
Incorporates ECHR rights into domestic law. s.3: courts must interpret legislation compatibly with Convention rights so far as possible. s.4: declaration of incompatibility where interpretation is impossible. s.6: unlawful for public authorities to act incompatibly with Convention rights. Key rights: Art 2 (life), Art 3 (torture), Art 5 (liberty), Art 6 (fair trial), Art 8 (private/family life), Art 10 (expression), Art 14 (non-discrimination).
Devolution
Scotland Act 1998 (Scottish Parliament), Government of Wales Act 1998 and 2006 (Senedd), Northern Ireland Act 1998 (Northern Ireland Assembly). Each has a different model of devolved competence. Westminster retains sovereignty but devolved legislatures exercise significant legislative power in devolved areas.
Key cases
The cases most commonly tested in SQE1 MCQs for Constitutional and Administrative Law.
Established the three grounds of judicial review: illegality, irrationality, and procedural impropriety.
Wednesbury unreasonableness: a decision so unreasonable that no reasonable public body could have made it.
The government could not trigger Article 50 without primary legislation — parliamentary sovereignty in action.
Constitutional statutes (such as the ECA 1972) cannot be impliedly repealed and require express repeal.
House of Lords issued a declaration of incompatibility re indefinite detention of foreign nationals without charge under Anti-Terrorism Act 2001.
Other FLK1 topics
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