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.

  • R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
    • House of Lords
    • 24 June 1993

    Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.

  • 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
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 308 and 332 of Schedule 4 and Part 2 of Schedule 18 to, the Constitutional Reform Act 2005 (c. 4). # F3 1988 c. 53; section 12 was amended by article ... to an extradition appeal case in the High Court, the Administrative Court Office of the Queen's Bench Division of the High Court ... (1) A ... ...
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (or any similar procedure) , or(iii) a person being an administrative receiver of a company (or holding a similar position) , and(b) which ... 6(e) (with Sch. para. 11) ... (3) In section 32 (constitutional documents to be provided to members) , in subsection (2) —(a) after ... ...
  • Marriage (Same Sex Couples) Act 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... (6) In Schedule 7 to the Constitutional Reform Act 2005 (functions of the Lord Chancellor which may not be ... that the provision is necessary in connection with administrative matters relating to functions of the Registrar General or functions of ... ...
  • Budget Responsibility and National Audit Act 2011
    • UK Non-devolved
    • January 01, 2011
    ... ... Audit Office;(ab) any other person who carries out the administrative work of the National Audit Office, or who provides, or is employed in the ... 24 in force at 1.4.2012 by S.I. 2011/2576, art. 5 ... Constitutional Reform Act 2005 ... (25) In Schedule 6 to the Constitutional Reform Act ... ...
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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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