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Constitutional and Administrative Law : Assignment

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Added on  2021-06-05

Constitutional and Administrative Law : Assignment

   Added on 2021-06-05

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STU87445 LLB (Hons) Qualifying Law DegreeConstitutional and Administrative LawPresentation and Written Assignment STU87445Loganathan Ramasamy2025
Constitutional and Administrative Law : Assignment_1
Part A:Judicial review is one of the most significant elements of constitutional law in the UK, basically relating to the question of the legitimacy of government decisions. Inthis regard, the courts of law assume a supervisory function, verifying the legality and legitimacy of the judgment. Part 54 of the Civil Procedure Code, as implemented inside the country, provides for the important requirements.1 The procedure is quite comparable and consistent with a statutory appeal. In termsof start, the time constraints are the most important need for a judicial review or JR. Non-planning cases have a three-month time limit, whereas planning cases have a six-week time limit. The first stage in the procedure is to write a formal letter to the defendant, detailing the claim and the context for which it is being sought. The PAP letter, or Pre-action Protocol letter, is what it's known as.2When the replies to the PAP letters are unsatisfactory, the next step is to give the license. JR Claims can be filed in the Administrative Courts' Planning Courts, which are subsequently subjected to tests to determine their validity and relevancy.The substantive stage follows, which refers to the step after the authorization has been obtained. The substantive stage entails the attendance of both parties, during which the evidences given are compared and contrasted. The substantive stage alsoincludes the final hearing stage, during which the JR renders a decision based on the adjudications made. The factor of amenability in the judicial review process is equally essential in terms of how a public entity must take the decision that is being challenged. The verdict in R v Panel for Takeovers and Mergers, ex parte Datafin [1987] 1 QB 8153, where a privately constituted panel was amenable to theJR process because it was a vital part of the government, is a notable case law in this area. Along with the law of exclusivity, ouster provisions are common in the United Kingdom. It is crucial to note, however, that the courts of law in the United Kingdom have held that only terms that do not imply any ambiguity or cloudiness can be excluded from the scope of judicial review. The case of O'Reilly v Mackman [1983] 2 AC 2374is related to the rule of exclusivity, in which the claimant was permitted to continue via judicial review since public law rights and their subsets were at risk.1PART 54 - JUDICIAL REVIEW AND STATUTORY REVIEW - Civil Procedure Rules' (Justice.gov.uk, 2021)https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part54 accessed 07 May 20212 Charles Banner, 'The Judicial Review Pre-Action Protocol' (2008) 13 Judicial Review3R V Panel On Take-Overs And Mergers, Ex Parte Datafin Plc And Another (Norton Opax Plc And AnotherIntervening) [1987] 1 All ER 564' (Oup-arc.com, 2021) https://ouparc.com/static/5c0e79ef50eddf00160f35ad/casebook_167.htm accessed 08 May 20214O'reilly V. Mackman' (Uniset.ca, 2021) http://www.uniset.ca/other/css/19832AC237.htmlAccessed 22 May 2021.
Constitutional and Administrative Law : Assignment_2
The constitution of United Kingdom is unwritten constitution. This constitution is partly written and wholly uncodified. When seeking to engage in any discussion regarding the notion of parliamentary sovereignty, the role of the UK Constitution is critical. One of the most frequently mentioned issues is the absence of a single codification inside the British Constitution. It obtains from a variety of places. Its primary source is statute law, which refers to laws made by the UK Parliament. This provides the parliament the unrivaled authority to make laws for the entire United Kingdom.5 The recent appearance of judicial reviews, on the other hand, has significantly disrupted the system's long-established norm of legislative sovereignty. With the judicial review procedure, the courts now have the authority to determine whether a piece of legislation adopted by the parliament is legitimate or not. Individuals, corporations, and other organizations can use judicial review todispute the legality of decisions made by Ministers, Government Departments, local governments, and other public organizations. As earlier judicial review was confined to guaranteeing solely procedural faith, the rule of law has played a great influence in widening the field of judicial review. For R. v Lord ChancellorEx p. Witham6, the imposition of high judicial expenses by the Lord Chancellor was considered an illegal hindrance to the access to justice and so his conduct was deemed null and invalid. Although the characteristics of legislative and constitutional authority in the United Kingdom are fundamentally different entities, the concomitant nature of the subject matter shows an obvious link. A.V. Dicey states that Parliament's sovereignty meant that it had the authorityto make legislation or to make laws, and there was no one authority to govern the decision of Parliament under the British Constitution. But according to Jennings, the authority of the Parliament derives its legal idea, and the courts will always regard this as a law if parliament makes any legislation. The nature of Parliamentary Supremacy was altered by the Revolution of 1688. The question in British Railways Board v Pickin7is whether the Board deceived parliament by a deceptive recital in the preamble of the 1968 private act. The court ruled that no law of God, nature, or natural justice could overturn a legislative act. Every act of parliament must be obeyed and applied by the court, and no act of parliament may be declared ultra vires. In essence, the notion of parliamentary sovereignty in the United Kingdom is multifaceted and has evolved dramatically over the last few 5Paul P. Craig, 'Proportionality And Judicial Review: A UK Historical Perspective' [2016] SSRN ElectronicJournal.6'R V Lord Chancellor, Ex P Witham [1997] 2 All ER 779' (Oxbridgenotes.co.uk, 2021) https://www.oxbridgenotes.co.uk/law_cases/r-v-lord-chancellor-ex-p-witham accessed 10 May 2021.7'British Railways V Pickin [1974] AC 765' (Lawteacher.net, 2021) https://www.lawteacher.net/cases/british-railways-v-pickin.php accessed 10 May 2021.
Constitutional and Administrative Law : Assignment_3

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