Constitution and Administrative Law

Constitution and
Administrative Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
Judicial precedents..................................................................................................................3
Separation of Power...............................................................................................................4
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
The English legal system is the common law system which comprises of the civil and
criminal law and each one has its own procedures and courts. It involves passing the legislation
through a systematic procedure in the Parliament and also involves the creation of judicial
precedent by the case law. The law which is passed by the Parliament is called the statutory law
which involves passing the legislation from two houses and then taking the royal assent from the
monarch which is called the Head of the State (Orlovska, 2018). The common law is passed by
the judges who evolve new laws from cases as and when needed with the changing time of
society. This report shall deal with the judicial precedent, its merits and demerits and the concept
of separation of power and whether it is a myth in UK Constitution.
MAIN BODY
Judicial precedents
The constitution of UK mainly comprises of the arrangements which are in written and
unwritten form which establishes the body political body of UK and Northern Ireland. It is
partially written and uncodified. The Supreme court of UK have recognised many principles of
constitution which includes rule of law, parliamentary sovereignty, democracy and the upholding
of the international law. There are many statutes of the Parliament which have been given the
status of the constitution such as Human Rights Act, Equality Act, etc.
There are two types of laws in UK, statutory which are made by the supreme law making
authority and the second is common law which is derived from judicial precedents, i.e. by case
laws.
Judicial precedents is the judgement of the court. Although judges do not have power to
overrule or create any precedent which are set in previous cases. This doctrine of judicial
precedent is evolved from principle of stare decisis which means to stand by decision. It is an
idea which provides that once the court have made the decision, then the courts which are lower
in hierarchy are bound to follow it. This simply means that the cases which are alike are required
to be treated in similar ways so that justice is ensured in system (Berlemann and Christmann,
2020).