Constitutional and Administrative Law and EU Law. Contents

INTRODUCTION

Chapter 1. CONSTITUTION

Overview Of Constitution

The UK’s Unwritten Constitution

Chapter 2. CHARACTERISTICS OF THE BRITISH CONSTITUTION

Multiple Sources

Adherence To The Rule Of Law

Absence Of Constitutional Entrenchment And The Principle Of Parliamentary Supremacy

Judicial Inability To Nullify Legislation

4.1 Issuing a Declaration of Incompatibility

The Role Of Judiciary

5.1 Interpretation of Legislation

5.2 Development of Common Law

Monarchy And The Royal Prerogative

6.1 The Ram Doctrine and 'Third Source' Powers

The Role Of Constitutional Conventions

Devolution and the Union State

Parliamentary Framework and Governance

Chapter 3. Constitutional Principles

The Primacy of Parliamentary Sovereignty

1.1 The Unbounded Legislative Authority of Parliament

1.2 The Inviolability of Parliamentary Acts

1.3 The Principle of Non-Binding Successive Parliaments

1.4 The Impact of EU Membership on Parliamentary Sovereignty

The Principle of the Separation of Powers in the UK

2.1 The Legislative Branch of the UK

2.2 Executive

2.3 The Judicial Branch

Rule of Law

3.1 No Punishment Without Breach of Law

3.2 Equality Before the Law

3.3 Exception of Parliamentary Privilege

3.4 The Issue with Retrospective Legislation

3.5 Additional Aspects of the Rule of Law

3.6 The Status of Fundamental Rights

3.7 Human Rights Act 1998

3.8 The Role of Judicial Review

Chapter 4. Parliament’s Core Functions

Parliamentary Structure

1.1 The House of Commons

1.2 The Election Process

1.3 Composition of the House of Lords

Primary Legislation

2.1 The State Opening and the Queen's Address

2.2 The Curtailment of Parliament: Prorogation

2.3 The Procedure for Enacting Legislation

2.4 Commencement

2.5 Modification, Revocation, and Expiry Provisions

Secondary Legislation

3.1 Definition of Secondary Legislation

3.2 How Secondary Legislation Is Created

3.3 The Scope and Use of Henry VIII Clauses

3.4 Judicial Review of Secondary Legislation

Parliamentary Privilege and Freedom of Speech

4.1 The Sub Judice Rule and Parliamentary Conduct

4.2 Exception to Privilege

Chapter 5. MONARCH, CROWN, AND ROYAL PREROGATIVE

The Idea Of The ‘Crown’

1.1 The Monarch's Functions

The Extent Of Royal Prerogative

2.1 Governing Principles Of Royal Prerogative Authority

Current Royal Prerogative

3.1 The Exercise Of Ministerial Prerogative Powers

3.2 Personal Prerogative Powers

3.3 Miscellaneous Prerogative Powers

3.4 Legislative And Judicial Prerogatives

Statutory Regulation Of The Royal Prerogative

4.1 International Treaty Ratification

Regulation Of Royal Prerogative By Constitutional Conventions

5.1 The Cardinal Convention

5.2 Deployment Of Armed Forces

Appointment Of Prime Minister

6.1 Majority In House Of Commons

Chapter 6. CENTRAL GOVERNMENT AND ACCOUNTABILITY

Overview

Role And Powers Of The Prime Minister

2.1 Structuring Government And Overseeing The Civil Service

2.2 Prime Minister's Constitutional Functions

2.3 Oversight Of National Security And Intelligence

2.4 Armed Forces

2.5 Diplomacy And International Negotiations

Government Ministers

3.1 Conventional Restrictions

3.2 Political Restrictions

The Cabinet

4.1 Cabinet Composition

4.2 Cabinet Functions

4.3 Substructure Of The Cabinet: Cabinet Committees

4.4 Principle Of Collective Responsibility And Confidentiality

4.5 Evolving Practices In Government Decision-Making

Structure Of Government Departments

5.1 Ministerial Leadership

5.2 Law And Policy Governance

5.3 Policy Formulation

5.4 The Civil Service Backbone

The Privy Council

6.1 Privy Council Duties

6.2 Appointments

6.3 Privy Council Assemblies

6.4 The Judicial Committee

Ministerial Responsibility And The Imperative Of Accountability

7.1 Collective Responsibility

7.2 Individual Responsibility

7.3 Parliamentary Accountability

Chapter 7. DEVOLUTION

Legal Status Of Devolution

1.1 'Permanence' Of Scottish And Welsh Institutions

1.2 Distinct Status Of Devolution In Northern Ireland

The Sewel Convention

Judicial Oversight Of Devolved Legislation And Constraints On Legislative Authority

Referral To The Supreme Court For Devolved Legislation

Chapter 8. JUDICIAL OVERSIGHT

Definition Of Judicial Oversight

1.1 Key Considerations In Judicial Review

Prerequisites For Judicial Oversight

2.1 Conditions for Applying for Judicial Review

2.2 Presence of a Contract

2.3 Adherence to Proper Procedures

2.4 Impact on Claimant's Situation

2.5 Adherence to Time Constraints

2.6 Exclusivity of Procedure for Public Law Matters

2.7 Reviewability of the Issues Presented

2.8 Fact-based Disputes

2.9 Standing Requirements for Judicial Review

2.10 Judicial Oversight as a Last Resort

Illegality as a Ground for Judicial Review

3.1 Ultra Vires Actions

3.2 Misinterpretation of Legal Principles

3.3 Compliance with Legal Duties

3.4 Unauthorised Power Delegation

3.5 Relevant Considerations

The Notion of Procedural Impropriety in Judicial Review

4.1 Mandatory vs. Directory Procedural Requirements

4.2 Common Law Procedural Requirements

The Concept of Legitimate Expectations in Public Administration

5.1 Precedence as a Basis for Legitimate Expectation

5.2 Substantive Versus Procedural Legitimate Expectations

The Thresholds of Unreasonableness and Irrationality in Decision-Making

6.1 Proportionality in Human Rights and European Union Law

Judicial Remedies

7.1 Combining Remedies for Comprehensive Justice

7.2 The Discretionary Nature of Remedies

Chapter 9. The Human Rights Act Of 1998

The Dynamic Relationship Between The European Convention On Human Rights And The Human Rights Act 1998

Dissecting HRA Section 1—The Incorporation Of The Convention's Rights Into Domestic Law

2.1 Absolute Rights

2.2 Exploring Limited Rights

2.3 The Scope of Qualified Rights

2.4 The Principle of Proportionality

2.5 Judicial Deference

2.6 The Margin of Appreciation Doctrine

2.7 The Living Instrument Principle and Its Implications

2.8 The Concept of Derogation Under the ECHR

The Role of Section 2 of the HRA in Interpreting Convention Rights

The HRA's Section 3 and Its Impact on Legislation Interpretation

Section 4 and Declarations of Incompatibility

5.1 Addressing Incompatibilities

Section 6 and Its Enforcement Against Public Authorities

6.1 Clarifying the Definition of a Public Authority

6.2 Further Exclusions and Conditions

Section 7 and Legal Proceedings Against Public Authorities

Section 8 and Available Remedies

Combating Discrimination Through the ECHR and the Equality Act 2010

9.1 Article 14 of the ECHR and the Prohibition of Discrimination

9.2 The Equality Act 2010 and Its Additional Safeguards

Chapter 10. PUBLIC ORDER LAW

The Interplay Between ECHR and HRA

Breach of the Peace

2.1 Upholding the ‘Queen’s Peace’

2.2 Criteria for a Breach of the Peace

2.3 Breach of The Peace in Private and Public

2.4 Police Response to Breach of The Peace

2.5 Imminence of Harm

2.6 Authority to Impose Binding over Orders

Regulation of Public Processions

3.1 Notification Requirement for Processions

3.2 Details of Notification

3.3 Exemptions From Notification

3.4 Authority to Impose Conditions on Processions

3.5 Legal Ramifications for Non-Compliance

3.6 Prohibition of Processions

Regulation of Public Assemblies

4.1 Offences Related to Public Assemblies

4.2 Prohibitions on Trespassory Assemblies

Chapter 11. PLACE OF EU IN UK CONSTITUTION

European Union

1.1 Entities

1.2 Policy Domains

EU Legislation

2.1 Foundational Treaties

2.2 Subordinate Legislation

2.3 Supremacy Principle

2.4 Principle of Direct Effect

European Communities Act 1972

3.1 Incorporation of EU Laws Into Uk Law

3.2 Establishment of EU Law Supremacy

Brexit

The Withdrawal Agreement

European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020

6.1 EU Law Continuation During Transition

6.2 Preservation of EU Law Post-Transition

6.3 Types of Retained EU Law

CONCLUSION

REFERENCES

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