Constitutional and Administrative Law

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.