Report on Constitutional Law, Criminal Law and Civil Law
Added on 2020-06-03
8 Pages2300 Words122 Views
Political ScienceLaw
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CONSTITUTIONALLAW
QUESTION 1In what way Proportionality has enhanced Judicial ReviewIn this present times, law can be considered as a significant part for any country .Thereare different kinds of laws which can be classified as business law, constitutional law, criminallaw and civil law 1. Constitutional law is a concept which signifies powers, roles and structure ofa varied range of entities of a State. These entities can be classified as Legislature, Judiciary andParliament. In this regard, it can be said that constitutional law is a legislation which deals withfundamental provisions, through which government exercises its authority. In this light,constitution is a document which lays down different provisions which are necessary to beadhered in this aspect by a country. In addition to this UK is a country, which does not have awritten constitution. It lays down several principles which can be characterised as for examplehuman rights, state legal structure. In other words, the Constitution is a scheme of fundamentalnorms in accordance to which a state and whole country is governed. Judicial review is a concept of constitution in which legislative, legal and executiveactions are under an obligation to be reviewed by judiciary. In addition to this, courts are alsoauthorised with several powers, to have an assessment in regard to whether laws and regulationsare in compliance with the constitution or not. However, any court is not authorised to invalidatelaws and regulations or decisions, which are not compatible with higher authority 2. But, court orjudiciary system of a country is empowered to make effective interpretation of law andregulations laid down by law. Moreover, they can make referrals or look into statute whileinterpretation of laws, but they cannot invalidate laws. In other words, judicial authority isconsidered as an idea which is one of balances and checks for the objective of separation ofpowers. Also, judicial review has its own meaning both in civil and criminal aspects. Criminallaw is considered as that part of law which is engaged in acts of harming others intentionally. Onthe other hand, civil aspects deal within an arena, which deals in harm caused but by negligence.1Garoupa N, Gomez-Pomar F, Grembi V. Judging under political pressure: An empiricalanalysis of constitutional review voting in the spanish constitutional court. The Journal ofLaw, Economics, & Organization. 2011 May 24;29(3):513-34.2Goldberg JC. The constitutional status of tort law: Due process and the right to a law forthe redress of wrongs.
Furthermore, perception of Separation of Powers has been evolved by case of Marbury vMadison.Separation of powers is a concept in which powers by government is distributed amongdifferent bodies and association. In legal terms, it means vesting of powers into severalassociations and governmental bodies for effective functioning of legal system of a country. So, it can be evaluated that judicial review is a term which facilitates and authorises thejudiciary of the UK. Judicial review is last remedy. However, the scope of judicial review isexpanding its area by passage of time, in this recent era. Also, judicial review can be claimed inrespect of following contexts:Irrationality.Illegality.Considerations in material forms. Expectations in a legitimate form. Hence, in this aspect, there are various grounds which serves as a basis of Judicialreview 3. These can be classified as Irrationality, Proportionality and unreasonableness. So,considering this, it has been evaluated that Proportionality has been enhanced judicial review inseveral ways. Proportionality:In order to obtain a claim which involves consideration of human rights and law ofEuropean Law, it is clarified as an important task for Administrative Court to make decisions inregard to decide whether a claim was proportionate for legitimate objective or not. However, it isdoes not enable equation of full merits review. In accordance with the case law of Pham vSecretary of State for the Home Department[2015] UKSC 19, [2015] All ER (D) 266 (Mar), itwas held that there is a great significance of Proportionality in context of Judicial review. It alsosuggests that assessment style of common law proportionality is very firm on judicial reviewcontext. In addition to this, it has also been evaluated that the Principle of Proportionality isconsidered as an important part of judiciary system of European Courts in recent times. In thislight, case law of 1988Danish Bottlescase (Case 302/86 [1988] ECR 4607), it was decided thattheir court of Justice assessed that infringement of movement of goods and stocks, which was3Kahan DM. The Supreme Court 2010 Term-Foreword: Neutral Principles, MotivatedCognition, and Some Problems for Constitutional Law
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