Administrative and Constitutional Law in UK Law

Leading Cases
  • R v Secretary of State for the Home Department ex parte Bugdaycay
    • House of Lords
    • 19 February 1987

    The most fundamental of all human rights is the individual's right to life and when an administrative decision under challenge is said to be one which may put the applicant's life at risk, the basis of the decision must surely call for the most anxious scrutiny. The most fundamental of all human rights is the individual's right to life and when an administrative decision under challenge is said to be one which may put the applicant's life at risk, the basis of the decision must surely call for the most anxious scrutiny.

  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 May 2001

    First, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations.

    It may well be, however, that the law can never be satisfied in any administrative field merely by a finding that the decision under review is not capricious or absurd.

  • R v Secretary of State for the Home Department, ex parte Brind
    • House of Lords
    • 07 February 1991

    But where Parliament has conferred on the executive an administrative discretion without indicating the precise limits within which it must be exercised, to presume that it must be exercised within Convention limits would be to go far beyond the resolution of an ambiguity.

  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 November 1984

    Judicial review has I think developed to a stage today when without reiterating any analysis of the steps by which the development has come about, one can conviently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call "illegality," the second "irrationality" and the third "procedural impropriety."

    By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 March 2007

    There will, in almost any case, be certain general considerations to bear in mind: the general administrative desirability of applying known rules if a system of immigration control is to be workable, predictable, consistent and fair as between one applicant and another; the damage to good administration and effective control if a system is perceived by applicants internationally to be unduly porous, unpredictable or perfunctory; the need to discourage non-nationals admitted to the country temporarily from believing that they can commit serious crimes and yet be allowed to remain; the need to discourage fraud, deception and deliberate breaches of the law; and so on.

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Legislation
  • European Union (Future Relationship) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... under section 166A may provide for requirements of an administrative nature relating to—(a) any requirement or condition imposed by the ... 36: Requirements in Part 2 of CRAGA ... Section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament ... ...
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... 413 have been made by paragraph 190 of Schedule 4 to the Constitutional Reform Act 2005 (c.4). # M2 Section 411 and 412 confer on the Lord ... administrative receiver of a company;(b) an interim receiver appointed under section 286 ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... for—(i) Article 83 (general conditions for imposing administrative fines) ;(ii) Article 84 (penalties) ;(F178fa) in Part 2 of this Act, ... Constitutional Reform Act 2005 (c. 4) ... (107) (1) Section 107 of the Constitutional ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Brexit: Issues For Financial Businesses
    • Mondaq UK
    ... ... deemed to have effectively exited the EU and all associated constitutional, trade and other arrangements would largely cease to apply, unless other ... for implemented EU law will have several constitutional, administrative and practical implications relevant to a broad field of laws implemented ... ...
  • Something For Everyone? The European Commission's Winter 'Clean Energy' Package On Energy Union (November 2016)
    • Mondaq UK
    ... ... cases brought against Member States either under domestic constitutional / administrative law or under the Energy Charter Treaty, the revised RED ... ...
  • Brexit: What Does the Vote Mean for Business?
    • JD Supra United Kingdom
    Today, it was announced that the UK public has voted to leave the European Union. There will now be a negotiation of a new relationship between the UK and Europe. The fact of the vote itself has no...
    ... ... all associated constitutional, trade and other arrangements would largely cease to apply, unless other ... will have several constitutional, administrative and practical implications relevant to a broad field of laws ... ...
  • Brexit: Options for and Impact of the Possible Alternatives to EU Membership
    • JD Supra United Kingdom
    The UK is holding a referendum on 23 June 2016 to decide whether or not to remain a member of the European Union. There seems to be a disconnect between some aspects of public discourse on the vote...
    ... ... framework for implemented EU law would have several constitutional, ... administrative and practical implications relevant to a broad ... ...
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