Constitutional and Administrative Law

This document discusses the concepts of constitutional and administrative law, focusing on the rule of law, parliamentary sovereignty, and the implications of the Internal Market Bill. It explores the process of lawmaking, the role of the judiciary, and the relationship between Parliament and the courts. The document also highlights the controversy surrounding the Internal Market Bill and its violation of the EU withdrawal agreement.

Constitutional and
Administrative Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
Set out what is meant by ‘critical’ discussion ............................................................................3
Set out why this hypothetical question is a relevant question in constitutional terms ...............4
Construct a mind map of the issues the question presents..........................................................4
Provide an outline of how you plan to address this question in your Task 2..............................4
TASK 2............................................................................................................................................4
Critically discuss whether Parliament can pass such legislation and whether the courts would
uphold such legislation? ............................................................................................................4
TASK 3............................................................................................................................................6
Internal Market Bill.....................................................................................................................6
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Constitution is considered to be one of the most important part that helps in constructing
of framework within a country regarding law. These laws deals with all aspects existing within
an country. Such laws has been dealing with both sate and central perspective in this all the
major forms of articles is told which acts as a solid framework to from laws within an country.
Administrative law are the laws that deals with administrative work regarding all laws existing
within an country. Laws of such kinds handles paper work and documentation which is required
to form any kind of concrete laws. Both the laws covers wider scope and consists dynamic nature
1. These work together in order to make concrete laws that is applicable to all society. In this
essay an hypothetical case scenario is covered which is based on parliament bill formation and
sovereign power of them.
TASK 1
Hypothetical question-
The UK government decides to put forward a bill before the Parliament which it knows
breaches the rule of law, if passed. The government is of the view that Parliament can pass a law
because it is sovereign.
Set out what is meant by ‘critical’ discussion
The rule of law is a concept given by AV Dicey which provides three concepts which
includes equality before law, supremacy of law and predominance of legal spirit. The Parliament
of UK has the supreme authority to pass a law. The doctrine of Parliamentary supremacy makes
it clear that Parliament can make law on any subject and a valid Act of Parliament cannot be
questioned in any Court because the Parliament is supreme2. The critics often states that the
supreme authority given to one body may increase the chances of misusing its power. As
Parliament is sovereign but it cannot be given the sole authority to pass any law. There must be
some restrictions which must be put on this power in order to regulate the authority with legal
rules.
1 'Administrative Law. Constitutional Law. Delegation Of Authority To Prescribe A Fair
Trade Code' (2016)
'
2 'CONSTITUTIONAL AND ADMINISTRATIVE LAW' [2020] Parliamentary Affairs.

Mind Map digram
Set out why this hypothetical question is a relevant question in constitutional terms
The UK have an unwritten Constitution which is partially unwritten and un-codified.
Most of the provisions of the Constitution are mentioned in different legislations passed by the
Parliament. The doctrine of Parliamentary sovereignty is a principle of UK Constitution. This
gives the supreme legal authority of passing a law to the Parliament which no court can overrule.
Illustration 1: law making process UK

This question is relevant in constitutional terms because the Constitution has granted the power
to the Parliament to pass any law on any subject, together with the non restriction that it cannot
be questioned in any court of law.
Construct a mind map of the issues the question presents.
The issues under this case scenario are-
 Whether Parliament of UK has the supreme authority or has the sovereign power to pass
any law ?
 Whether the courts in UK question the law passed by the Parliament if it breaches the
rule of law.
Provide an outline of how you plan to address this question in your Task 2.
While addressing the question of Task 2, this hypothetical scenario shall be considered. It
shall be dealt by explaining the procedure to pass a bill to make it a law, further the concept of
rule of law will be discussed. Thereafter the Parliamentary supremacy shall be discussed and the
power of court to overrule any law passed by the Parliament.
TASK 2
Critically discuss whether Parliament can pass such legislation and whether the courts would
uphold such legislation?
Parliament holds supreme authority to form law within an country3. These laws are
formed by them in order to maintain discipline and order within society. Laws are amended by
following proper procedure in which three Stages are covered and then in the end royal assent is
been given to make it permanent law. Bill is an draft that has been formed over the law required
to be passed or presented within an country. The process of bill is First reading as per this only
the bill is presented and no discussion takes place at this point of time. Only presentation of bill
is made. Second reading in this proper debate is done over the bill and all kinds of important
aspects of bill is discussed and explained. Then comes Committee stage according to this
detailed line-by-line scrutiny of the text with amendments is discussed. As per this members start
from the starting to end of bill and understand the whole bill in detail. Vote is done and decided
weather changes has to be made or not . Any member may take part and there is no time limit.
3 'Constitutional Law. Administrative Law. Requirement Of Notice And Hearing Before
Refusal To Renew License' (2017)

Then comes Report stage under this examination of bill is done again and changes are made. If
amendments are suggested then they are to be done at this stage. Again voting takes place upon
the bill that is presented4. Third stage in this all the close loopholes is checked and final
overview is done of the bill. Consideration of amendments the bill is send to house of Lords
fro taking a look over it and if any kind of changes has to be made and if the house suggest
anything then bill is again send for amendments to be done. If not the bill is further proceeded.
In the end Royal assent has to be gained form the monarch to make a bill permanent law. This
power has been given to them under the Royal assent act. This is hoe an bill becomes law within
an country like UK. Parliamentary sovereignty is a principle of the UK constitution. It makes
Parliament the supreme legal authority in the UK, which can create or end any law. Generally,
the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments
cannot change. Parliamentary sovereignty is the most important part of the UK constitution. This
an power that has been given to UK parliament as per constitution of UK. This is base over the
concept of common law. Parliament is considered to be supreme legal authority to form law and
makes sure that laws are formed in proper manner.
This principal has been formed by the courts by using common law. Common law is that
kind of law that is being used for forming of law. Common law is those body of rules that is
being created by judges and quasi-judicial tribunals through the virtue of stating an written
opinion. The defending characteristics of common law us that it gives opportunity of law form
without forming law. In these laws landmark judgement is being passed by the an judges and
courts. It can be used in future purpose for similar law to make out judgement. The rule of law
can also be applied by court while forming an law or passing a judgement that can become law I
future also. Rule of law is related to that kind of law that has been given in order to make sure
that an supreme authority holds power to make laws. This also deals over behaviour of law
making authority. Court has been given its powers to form a laws within the constitution of UK
and holds power to deal over various kinds of aspects related to particular law. Common law and
rule of law can be used to created an new law as judgement passed by judges should be relevant
towards the situation that has accrued within an country like UK. Both these used together solves
the problem and loopholes that is created within law that has been passed by the parliament.
Judiciary can interfere within the matter of law making when it finds out that an law it creates
4 'Constitutional Law. Judicial Review Of Administrative Findings As A Requirement Of
Due Process' (2016)

chaos within society. All of such power is given to them under the constitution within the power
that is hold by judiciary5. Though in UK there is no written constitution but still its is being
follow within the country to protect its citizens. Both parliament and judiciary can related to
forming of laws but only when an sovereign power is used by them. Judiciary work separately
but in order to protect fundamental right of its citizens it can interfere within matters of
legislature to guide them in proper manner to form laws. This is done by judges through
preparation of report over the scenario that has been formed due to laws amended within UK. So,
it can be understood that how judiciary and parliament can contribute towards law making in UK
and make it better to be formed.
TASK 3
Internal Market Bill
The UK Internal Market Bill is the public bill which was passed by the House of
Commons in its third reading on September 29, 2020. The bills states to make arrangements by
the government for trading between four countries of the UK after the period of Brexit transition
ends. According to the UK government, the purpose of this bill was to ensure that the regulations
of one country of UK shall be recognised by the other countries across the UK by enshrining this
into the law principles.
The bill impacts on the concept of rule of law as it breaches the international law in a
limited and specific way6. It overrides Article 4 of the Brexit withdrawal Agreement as it
modifies the sale, certification, movement and oversight of the products in the Northern Ireland.
In November, 2019, the UK government and the European Union agreed for an international
treaty to govern their future relations. It was called the EU Withdrawal Agreement Treaty which
was enforced on 1 February, 2020. It provided protection to the intellectual property, free
movement, judicial cooperation in the criminal matter and many more. The agreement was on a
transition period which would expire on 31 December 2020.
The European Union challenged the UK government under the United Kingdom-
European Union Withdrawal Agreement. The challenge was the result of Internal Market bill
5 'A. Galleco Anabitarte, 'Public Law, Constitutional Law And Administrative Law'
(2018)
6 E. D. G., 'Constitutional Law. Requirements Of Notice And Hearing In Administrative
Proceedings' (2017)

which was in violation of the EU withdrawal agreement. For instance the Article 4 of the EU
agreement provides direct effect by ensuring rights and obligations of the agreement and
protocol shall apply in UK domestic courts7. The UK government has given effect to this Article
in Section 4 of the EU (Withdrawal) Act, 2018. the Attorney General approved to this by stating
that the Article 45 of the bill would have the effect of dis applying the provisions of the
agreement. The Bill also violates the basic principle of the agreement which is enshrined in
Article 5 of the agreement which provides that the UK government work with mutual respect and
good faith to fulfil the obligations of the agreement.
The senior member of the judiciary and bar and the President of Supreme Court, David
Neuberger criticised the bill by stating that the clauses of this bill would prevent the judicial
review of its operations8. It would bring dictatorship in the country where right to challenge the
government of UK in the court is removed.
The bill have provoked the resignation of many senior personnel which included the
Advocate General, senior Government lawyer of Scotland, head of government Legal
Department and Lord Keen of Elie.
7 G. Napolitano, 'Conflicts And Strategies In Administrative Law' (2019)
8 John Hart Ely, 'Legislative And Administrative Motivation In Constitutional Law' (2020)

CONCLUSION
It is concluded from the above report that the doctrine of rule of law is the basis for the
Constitution of UK which has three principle underlying which includes equality before law,
supremacy of law and predominance of legal spirit. The Parliament is the supreme authority to
enact the law on any subject which cannot be questioned in any court of law. This principle is
enshrined in the Constitution of UK9. Further it is concluded that the internal market bill is a
violation of the EU withdrawal agreement treaty which violates its m,any provisions. As a
consequence of passing of this bill, many high personnels like Advocate general, government
lawyers have resigned from their office in order to show disapproval of this bill.
9 R. B. Stewart and M. R. Sanchez Badin, 'The World Trade Organization: Multiple
Dimensions Of Global Administrative Law' (2019)

REFERENCES
Table of Statutes
Brexit withdrawal Agreement
EU Withdrawal Agreement Treaty
Books and Journals
'Administrative Law. Constitutional Law. Delegation Of Authority To Prescribe A Fair Trade
Code' (2016) 54 Harvard Law Review.
'CONSTITUTIONAL AND ADMINISTRATIVE LAW' [2020] Parliamentary Affairs.
'Constitutional Law. Administrative Law. Requirement Of Notice And Hearing Before Refusal
To Renew License' (2017) 45 Columbia Law Review.
'Constitutional Law. Judicial Review Of Administrative Findings As A Requirement Of Due
Process' (2016) 35 The Yale Law Journal.
A. Galleco Anabitarte, 'Public Law, Constitutional Law And Administrative Law' (2018) 46
International Review of Administrative Sciences.
E. D. G., 'Constitutional Law. Requirements Of Notice And Hearing In Administrative
Proceedings' (2017) 21 Virginia Law Review.
G. Napolitano, 'Conflicts And Strategies In Administrative Law' (2019) 12 International Journal
of Constitutional Law.
John Hart Ely, 'Legislative And Administrative Motivation In Constitutional Law' (2020) 79 The
Yale Law Journal.
R. B. Stewart and M. R. Sanchez Badin, 'The World Trade Organization: Multiple Dimensions
Of Global Administrative Law' (2019) 9 International Journal of Constitutional Law.
Online
A guide to devolution in the UK. 2016. [Online]. Available
Through:<https://www.bbc.com/news/uk-politics-35559447>.