Constitution and Administrative Law

Constitution and
Administrative Law

Contents
INTRODUCTION......................................................................................................................................3
MAIN BODY..............................................................................................................................................3
Rule of law.............................................................................................................................................3
Human Rights Act, Article 8 and 10...................................................................................................4
CONCLUSION..........................................................................................................................................5
REFERENCES..........................................................................................................................................6

INTRODUCTION
The English legal system consists of the statutory and common law which have equal
relevancy. The statutory law is made by the supreme law making authority which is the
Parliament that consists of the two Houses and the Head of the state. The common is derived
from the precedents and is also called the judge made laws. There is no written constitution in
UK, it is party written and un codified. The fundamental rights are given to all its citizen which
are not embodied in Constitution, rather they are embodied in statutory laws like Human rights
Act and many other. This report shall cover two topics, first is rule of law and second is human
rights act, specifically Article 8 and 10.
MAIN BODY
Rule of law
This principle is supreme manifestation of the human civilization and the culture. It is one
of the eternal values of the constitutionalism and is the inherent attribute of a good democracy
and a good governance. It is coined by A. V. Dicey and the term Rule of law is derived from
French phrase which is ‘La principe de legalite’ which simply means principle of the legality.
This refers to as the government which is based on the principles of the law and not of the men.
It is sometimes known as the supremacy of law where decisions must be made by the
application of some known principles without any intervention of the discretion in its application.
The United Kingdom do not have written constitution so the rule of law, court rulings and the
parliamentary sovereignty is the fundamentally the defining rules of the unwritten constitution1.
The elements of rule of law are narrated below-
 Abhorrence of the arbitrary power- It simply means that every person in the country is
governed by the law, including officials of government and the law enforcements. The
court has power to apply doctrine of ultra vires in an equal manner to every agency of
government for the acts which are outside their authority. Moreover, an individual cannot
be punished for the law which does not exist at the time when any act was done.
1 Chronowski N, and Varju M, 'Two Eras Of Hungarian Constitutionalism: From The Rule Of Law To Rule
By Law' (2017) 8 Hague Journal on the Rule of Law