Constitutional and Administrative Law: A Comprehensive Analysis Report

This report provides a comprehensive overview of constitutional and administrative law, focusing on the relationship between government and individuals, and the exercise of public powers. It examines the roles of administrative and constitutional law in law-making, emphasizing their function in reducing crime and ensuring ethical governance. The report delves into the Royal Prerogative, its features, and its impact on the armed forces, discussing its evolution and limitations, including the influence of statutory restrictions and the importance of ministerial accountability to Parliament. Furthermore, the report analyzes the case of Council of Civil Service Unions v. Minister for the Civil Service (GCHQ case), highlighting the judicial review of the Royal Prerogative and its implications for national security and public law rights, concluding with a summary of the Constitution Reform and Governance Act 2010.

Constitutional and
Administrative Law

INTRODUCTION
Public law is the legal body which is able to maintain relationship among both government
and individuals. It consists both Constitutional and Administration law which are considered as
regulation of public institution as well as laws are responsible to exercise their powers. The main
function of such laws it reduces abuse or rate of crime from the country 1. Through this entire
country perform ethically. They both governs the affaires of entire country. The effective
relationship having positive impact on performance of entire country. It can protect interest and
rights of people. Royal prerogative is also legal mechanism which is beneficial for the protection
of individuals.
TASK
Administrative and Constitutional law are play significant role in law making process.
Administrative law is the legal body which is created by legal authorities and different
department of government. It is carry out by the law passed by state legislature. Members of such
law, framed various rules, regulation and policies which are imposed on them and maintain
crime or other matter from country 2. Administrative agencies created by legal authorities in
order to implement further laws name called Social Security Administration (SSA). This agency
is responsible to receive applications at the time when parties apply for the receive benefits
related to disability. After receiving application authorities needs to identify who are eligible for
the benefits. For the same purpose they defined rules as well as regulation in order to ensures
who are actually liable and identify people who are not able for the same.
Constitutional law is legal body which is able to define powers, structure as well as roles of
several entities such as parliament, legislature and much more 3. This law has been present in
written form and must apply on people or business entities as well. This law engaged in legal
1 Barnett H. Constitutional and administrative law. Taylor & Francis; 2017.
2 Parpworth N. Constitutional and administrative law. Oxford University Press; 2016 Apr
7.
3 Constitutional Law. 2017. [Online.] Available through: <http://legal-
dictionary.thefreedictionary.com/constitutional+law> [Accessed on 6th October 2017].
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process of separation of powers among other legal bodies. Mentioned fundamental rights as well
as duties of people 4. Government must take action accordingly. Furthermore, it can maintain
effective relationship among both employees and employers. It is able to preserving the certain
or different areas sovereignty for the entire state. This law is able to create system of government
which allows areas of civil, administrative as well as criminal law. It involves needs of society
and try to satisfy them through providing best possible advice to them. This law divide power
among government authorities on the basis of their roles and responsibilities. It is able to become
simpler every act.
ROYAL PREROGATIVE
Royal prerogative has been considered as legal mechanism which is able to allow State in
order to appoint people to carry arms under its services 5. This legal body having certain powers
to protect interest and rights of people. It provides certain authority for the Crown which are as
follows-
 They appoint members for the purpose of Armed forces.
 Have to recruit commanders as well as provide commissions to different number
of officers in order to protect their rights and interest.
 Royal prerogative is responsible to give permission in order to establish further
Defence council.
 Form legal agreement with states of foreign which is related to stationing troops.
The important features of Royal prerogative as well as statutory powers which is related to
Armed forces has been considered as statutory restriction. Such process is based on existence
related to standing army 6. It defines some rules and regulation which are imposed on them and
4 What is Constitutional Law?. 2017. [Online.] Available through:
<http://hirealawyer.findlaw.com/choosing-the-right-lawyer/constitutional-law.html> [Accessed
on 6th October 2017].
5 Loveland I. Constitutional law, administrative law, and human rights: a critical
introduction. Oxford University Press; 2012 May 17.
6 Allen M, Thompson B. Cases and materials on constitutional and administrative law.
Oxford University Press; 2011 May 26.
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mentioned under law. The main objective of such legal body is removing consequences and
reduce rate of offences as well. The development of Royal Prerogative is based on performance
of other legal bodies. So that, other bodies have to actively perform their functions in effective
manner which are imposed on them. The main responsibility of this legal body to ensures that no
business can perform wrongful act and other authorities have to perform their functions ethically.
If any person done act which is enforceable by law than courts imposed penalties on them and
maintain their performance as well. Royal Prerogative has selected committees which are known
as codification. But such codifications are rebutted. In order to keeping defence such legal body
considered as uncodified which allows greater flexibility at the time of emergency also having
impact on the application related to Prerogative 7. There are various basic principles mentioned
under such law which have to be followed by people. Through it can protect interest and rights of
people. The effective powers of Royal Prerogative have been exercised by monarch acting on the
basis of their initiative. It is required to exercise powers of legal authorities and separate their
functions as well. At the present time Royal Prerogative has been available under the conduct of
legal government which include defence, affairs as well as national security. Monarchy having
an important constitutional presence in these as well as other matters.
Taming the Prerogative: Strengthening Ministerial Accountability to Parliament
The prerogative powers of ministers which include different significant functions of legal
authorities as well as government. Such function has been related to decision on the basis of
conflict or matter of armed. Also conclusion which is based on international treaties are include
in such concept. Certain powers have been delegated as based on legal authorities. After that it is
also examined that these legal authorities are so closely formulated as well as regulated.
Furthermore, Government is responsible to form a list in which it mentioned several prerogative
powers. Such powers are considered and related with parliamentary committee. Legal authorities
are also introducing the another law which is Human Rights Act 1998. This act has been
extended with the judicial constraints under the exercise of Ministerial discretion. This concept
has been defined under prerogative.
7 Metzger GE. Ordinary Administrative Law as Constitutional Common Law. Columbia
Law Review. 2010 Mar 1:479-536.
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Powers of parliament related to the decisions which are engaged in armed conflict, so that
it is have to increased. At the current conditions the significant issues are arise. In legal
authorities are responsible to resolve matter or conflict which is related to conflicts. However,
they have to take effective decision which is beneficial in order to resolve such matter.
Parliament is able to provide opportunities to debate as well as take decisions about the
deployment of conflicts overseas related to armed forces.
On the other hand, Treaty functions conducted by executive. It is act on behalf of Crown
which consists under prerogative powers 8. Parliament having opportunity related to scrutiny. In
this process two or more states are coming together and to form legal agreement. Legal
agreement has been formed for some specified purpose. One representative selected by each state
who is responsible to prepare written agreement and imposed signature as well. After that legal
obligations created on both parties which they have to fulfil on within stipulated time period. It is
helpful to resolve public reform also able to manage them properly. Government int5roduce
some ways in order to improving effective scrutiny related with treaties by Parliament. Also it is
introducing provisions of committee through which might be not only delay with the rectification
process. But such process created additional burden on parliament. The main use of powers of
prerogative is that to scrutiny by Departmental Select Committees. Ombudsman is also the legal
authorities which is responsible to resolve matter of parties and able to maintain their
performance as well. Through which members can receive batter advice and able to meet their
level of satisfaction as well 9. There are various types of issues created which are related to
ombudsman issues. So that, legal authorities are responsible to resolve in effective manner and
responsible to perform functions.
Royal Prerogative is the most and important part of constitution of United Kingdom. The
effective concept of prerogative powers which is stems from medieval. This concept is able to
8 Rose-Ackerman S, Lindseth PL, Emerson B, editors. Comparative administrative law.
Edward Elgar Publishing; 2017 Aug 25.
9 Mason AT, Stephenson G. American constitutional law: introductory essays and selected
cases. Routledge; 2015 Aug 7.
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protect armed forces which is beneficial for them. There are some basic principles are mentioned
under law which are related with prerogative these are as aligned below-
 Supremacy of statue law, it defines conflicts which arise among prerogative as well as
statute. This law not able to altered with the use of prerogative.
 This legal body is able to maintain duties of common law of its fairness.
 Parliament create powers by statute which are similar with the prerogative powers.
Above mentioned principles needs to be followed by every person as well as every company in
effective manner.
Case: Council of Civil Service Unions v Minister for the Civil Service, 1984, in this case it has
been stated that through limiting access to trade unions of the employees, through which various
individuals are affected which not able to rely on several employment legislative provisions. It
should be represented by Union.
Facts: As per the rule of conservative government it is ruled that all workers of Government
Communications Headquarters (GCHQ). It is prohibited from the joining of any trade union. The
effective decision has been justified which is based on potential threat which is based on national
security. It is enforced using of order of council. As it is based on Royal Prerogative Power.
Background of the case: The case has been lodged by Council of Civil Services Unions.
Initially the case has been heard by Justice of High Court. In which is it being rules that certain
order was invalid. After that, plaintiff appeal in Court of appeal in order to receive fair and
correct justice for the purpose of satisfy their needs 10. According to the decision of court is has
been held that Royal Prerogative is capable for judicial review.
Decisions/ Judgement of courts
High Courts
Glidewell J is the Justice of High court who held that employees of Government
Communications Headquarters having a right to consultation. So that, it is clear that lack of
consultation is able to made decision invalid.
Court of Appeal
Lord Lane CJ and May LJ are the Justice of Courts of appeal, as per their views it has
been held that judicial review is not able to opted for challenge the effective use of prerogative.
10 Fox WF. Understanding administrative law. LexisNexis; 2012.
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In present case justice decided that determination of national security issues is considered as
executive function as well as these are inappropriate for the purpose of courts in order to
intervene. In which judges refused the order which is passed by high court.
House of Lords
This legal body is not satisfying with the reason of court of appeal. House of Lord held
that Royal prerogative has been default by the subject to the judicial review. Furthermore, at the
ground of nation security the effective action is restricting that Justified trade union. Lords Fraser
held that issues which are related to national security are considered as outside the remit of the
courts. He believed that the matter is related with evidence 11. On the other hand, evidence which
are provided in this case are proved that government or legal authorities are correct. Prerogative
powers are having impact on the private rights of people. Powers related to monarch are only
liable for judicial review.
Importance
In the present case judges have to only state that whether certain powers are existed or
not. If power existed than they are effective used or not. In present the case the application of
judicial review has been dependent on the powers of legal authorities.
The final decision provide by court is yes, but should failed. Thus, the powers of Royal
prerogative have been subjected to judicial review. So that, different exceptions are there. Such
powers are used to protect interest of national security in present case.
Public law rights are also mentioned in present case. It has been used for legitimate
expectation. National security is considered as primary consideration. Further decisions which
are taken by the courts have to be followed by each and every party. Decision taken by legal
authorities are applied on parties which is beneficial for them. Both defendant and plaintiff have
to take effective decision.
Constitution Reform and Governance Act 2010, it is the act of parliament which is based on
UK. this act is able to affect civil services also rectification of treaties. This is able to made some
important changes. In past years, the act has been passed in year 2010 of 8th April. This law is
come into force at the time of passing the act 12. So that, certain rules, regulation and policies are
mentioned in this law which have to be followed by every person or company in effective
11 Cane, P., 2011. Administrative law. OUP Oxford.
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manner. Such act has been provided for the purpose of requirement of appointments to the civil
services which are made on the basis of open competition. Through this the Minister for civil
services in order to publish the effective code of conduct. It has been provided special adviser as
per section 15 of this act. This section may not authorise the power of royal prerogative. Civil
services have been frames in order to protect interest of parties. Legal authorities are responsible
to increase standard of people through implement such act in effective manner. this law contains
approximately seven parts along with certain provisions such as treaties, parliamentary standard,
financial reporting of government and much more. The constitutional renewal Bill has been
received by pre-legislative scrutiny through the joint committee in the form of draft. after this
process it is send to parliament in order to receive royal assent for the same. If parliament accept
such bill within stipulated time period than it becomes law. In case parliament neither accept nor
reject than it is considered as reject and bill not able to become law. Also legal authority can
reject such bill due to minor mistake and needs to improve the same. This act is helpful for
growth and development of constitutional act 13. After presenting constitutional renewal Bill the
royal assent has been received in year 2010. After that it is immediately implement in entire
world and members are responsible to comply with such act.
On the other hand, this law also consists Freedom of Information Act 2000, this act has
been introduced in year 2011. According to this act every person of country having right to
receive information which are important for them. It is based on communication along with
sovereign. If some documents are exempt from such law than no person can able to read such
documents.
There is positive relationship among Constitutional and Administrative law. These both
laws are able to govern entire affairs of the state also these are public laws 14. These are
considered as same sources of law. Public law is always able to protect interest or rights of
12 Ginsburg T. Written constitutions and the administrative state: on the constitutional
character of administrative law.
13 Leyland P, Anthony G. Textbook on administrative law. Oxford University Press; 2016.
14 Constitutional/Administrative Law. 2017. [Online.] Available through: <
https://www.allaboutlaw.co.uk/stage/areas-of-law/constitutional-administrative-law> [Accessed
on 6th October 2017].
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people. Furthermore, it is part of law which is able to govern effective relationship among legal
authorities as well as individuals. Such relationship having direct concern with the society. This
law consists both Administrative and Constitutional law. This law mentioned private as well as
public law which provide public welfare benefits. In which decisions have to take in the interest
of local people. Public law is able to resolve matter of parties who lodge their complaints in
courts. Legal authorities provide best possible advice to them in order to meet their level of
satisfaction.
Criminal Justice Act 2003, is able to protect interest of parties who lodge their
complaints in courts. According to this act, every person is able to receive best, timely and fair
justice. Person who found guilty is only responsible for penalties but person who has been
considered as innocent than courts are not able to imposed penalties on them. As per this act no
person is punished twice for the same offence. If it conducts with person than it should be
covered under concept of double jeopardy. In order to criminal offence courts need prove against
person after legal authorities can imposed penalties on them. Different amendments consist in
such act which are related to providing justice to the parties. There are basic terms and condition
mentioned under this which have to be fulfil by members who are responsible to perform their
functions in effective manner 15. But for the purpose of receive fair and timely justice parties
have to lodge their complaints in criminal courts.
CONCLUSION
From above report, it is examined that both Administrative and Constitution laws are related
with each other. Both concepts are consisting in public law and considered as sources of law. But
the functions of these two sources of law are different from each other.
15 Merrill TW. Article III, Agency Adjudication, and the Origins of the Appellate Review
Model of Administrative Law. Columbia Law Review. 2011 Jun 1:939-1003.
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[Accessed on 6th October 2017].
Constitutional/Administrative Law. 2017. [Online.] Available through: <
https://www.allaboutlaw.co.uk/stage/areas-of-law/constitutional-administrative-law>
[Accessed on 6th October 2017].
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