Critical Evaluation of UK Constitutional and Administrative Law

This report provides a critical evaluation of UK constitutional and administrative law, focusing on the relationship between Parliament, the rule of law, and the potential for legislative breaches. It begins by defining parliamentary sovereignty and its implications, contrasting it with the separation of powers. The report then delves into the core of the issue, exploring whether Parliament can pass legislation that breaches the rule of law, supported by legal commentary and case analysis. It examines the role of the Act of Parliament, the UK constitution, and the significance of the Bill of Rights. The report also analyzes the Internal Market Bill of the UK as a case study, highlighting its potential conflicts with international obligations and the rule of law. The conclusion summarizes the key arguments and emphasizes the ultimate power of the Parliament.

Constitutional and Administrative
Law

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
TASK 2............................................................................................................................................4
Introduction.................................................................................................................................4
Main Body...................................................................................................................................5
Conclusion...................................................................................................................................6
TASK 3............................................................................................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The administrative law of the UK is considered to be as the crucial part associated with
the constitutional law of UK. It has been significantly designed through the judicial review and
also tends to hold executive power. This study critically evaluates on whether the parliament can
pass the bill which leads to breach of law. Further the study supports the statement using legal
commentary and law. Furthermore, the study also determines the breach of principle associated
with the rule of law.
TASK 1
The government of the UK has significantly decided to put before the parliament a bill,
that is known that the government will pass in case it breaches the rule of law. Parliament
sovereignty is considered to be as a concept of the constitutional law related with such
parliamentary democracies. It tends to demonstrate that, the legislative body has absolute degree
of sovereignty and is also considered to be supreme when compared with other governmental
institution which also includes judicial and executive bodies 1. It tends to state that, the
legislative body has utmost degree of sovereignty and can also change and also repeal previous
set of legislation. The parliamentary sovereignty is mainly contrasted with separation of powers.
It tends to limit the scope of legislature associated with general law making as well as judicial
review. Parliament is considered to be sovereign as in the matter of the domestic law. This in
turn could pass the legislation which might result in the breach of the treaty. However, the
parliament would not act unconstitutionally in order to enact such legislation. The parliamentary
sovereignty is referred to as the extent to which the parliament of UK tends to have unlimited set
of power 2. It is significantly referred to as the extent to which the parliament of UK has
significant degree of unlimited and absolute power. There seems to be an extent of authority
which the parliament holds and also if there is any sort of law which they cannot pass. There is
no codified set of constitution within UK. However, in the UK the parliament is considered to be
highly central related with the institution of state. The parliamentary supremacy as well as the
parliamentary sovereignty are often used interchangeably. The bill of rights in turn has also
removed the ability of the crown in order to dispense with the statutes and legislations. The bill
1 Parpworth, Neil. Constitutional and administrative law. Oxford University Press, 2018.
2 Taylor, Christopher W. Question & Answer Constitutional and Administrative Law.
Pearson UK, 2019.

which in turn has been passed must be significantly signed by both the house of parliaments and
has also been granted royal assent until and unless the parliament act procedures has been
enacted in a proper manner. However, the bill which tends to breach the law within the UK, has
eventually gained the key approval of the both houses as well as the royal assent. However, the
judicial review in turn is considered to be as the key characteristics associated with the rule of
law within the the action.
Mind map
Illustration 1: Rule of Law - Mind map. 2020
TASK 2
Introduction
This study will focus on supporting the statement, I.e., whether the Parliament can pass
such legislation which tends to breach the rule of law with the appropriate set of law as well as
the legal commentary.

Main Body
The act of parliament within the UK is considered to be as a statute which has been made
by the parliament of the UK. All the acts tends to start as a bill which has been introduced with
either the commons or Lords. However, when the bill has been significantly agreed on the part of
both the houses of parliament 3. It has been given by the royal assent and also becomes an act.
Also, the act of parliament tends to change existing law or create new laws. An act is a bill which
has been significantly approved by the House of commons. The act of parliament is referred to as
Statute law within UK. The UK parliament mainly comprise of the house of lords and house of
commons. It is considered to be as a supreme set of legislative body within UK 4. It tends to
possess legislative set of supremacy and tends to have ultimate set of power over all other
political bodies within UK and oversea territories. Law is considered to be as a complex subject
where there seems to be no short guide 5. The UK tends to have no written set of constitution. It
is usually governed by the constitutional set of principles and tends to set in practice. The
constitution of the UK has been significantly governed and built upon the parliamentary
sovereignty as well as the rule of law. The key features related with the constitution mainly
comprise of the separation of the powers as well as the devolution. The separation of the powers
mainly demonstrates that, the parliament and the court tends to respect each others difference.
Also, all the three are independent and also has different roles within the constitution. The
executive within the constitution in turn is mainly responsible for implementation as well as the
formulation of the policies. Also, the legislature of the company tends to oversee the work of
executives and also creates laws in order to reflect the key policies in UK 6. The judiciary mainly
focuses on interpreting, applying and enforcing the resulting set of legal rules. The parliamentary
sovereignty is considered to be as the principle of UK constitution. It is significant in making the
parliament of supreme legal authority within UK. The court in turn cannot significantly overrule
3 Ruffert, Matthias. "The constitutional basis of EU administrative law." In Comparative
Administrative Law. Edward Elgar Publishing, 2017.
4 Barnett, Hilaire. Constitutional & administrative law. Taylor & Francis, 2017.
5 Reiss, Dorit Rubinstein. "Administrative agencies as creators of administrative law norms:
evidence from the UK, France and Sweden." In Comparative Administrative Law. Edward
Elgar Publishing, 2017.
6 Stack, Kevin M. "Overcoming Dicey in administrative law." (2018): 293-311.

the key legislation and the parliament cannot pass the laws which the future parliaments in turn
cannot change.
The rule of law tends to mainly lie at the heart of the modern democracy. The rule of the
law is considered to be as the longest established common law fundamental principle related
with the governance. It is considered to be as a significant framework which helps in
underpinning fair, open and peaceful societies where the business and citizens can effectively
prosper. The key significant principle of this law is that, all the institutions, person and the
entities are highly accountable to the law 7. The rule of law in UK is prominent because it helps
in protecting the rights and responsibilities. It ensures that everything must be done with high
degree of legality and in accordance with the law. The Bill of right UK 1689 is a constitutional
law within England which is significant in setting certain civil rights. The bill is considered to be
prominent in establishing the key principles related with the frequent parliament, freedom of
speech and free elections within the parliament. It is also referred to as the parliamentary
privilege. However, it has been supported that, the parliament can pass such legislation which
tends to breach the rule of law with the appropriate set of law and legal commentary.
The bill which the parliament legislate upon the approval of the government can legislate
in the deliberate breach of the international obligation within UK. However, the parliament has
the significant degree of right to pass the law even if it breaches the law. This can be done if the
bill works well in the favour of the country and leads to improved outcomes. The reliance of the
government upon the internal law in order to justify the position does not even effect the fact in
case the bill tends to deliberately breach international law as well as the rule of law. Introducing
bill which can repudiates the article tends to have no degree of effect upon the passing of the bill
which tends to put UK in the the immediate breach of international law, Ministerial code and
rule of law. However, the position of the parliamentarians is whatever the position under the
constitutional law of UK. They focus on taking the voting in favour of the deliberate breach to
pass the bill.
Conclusion
It has been summarized that, the act of parliament within the UK tends to have ultimate
set of power over all other political bodies within UK. The rule of law is a significant framework
7 Elliott, Mark, and Jason Varuhas. Administrative Law: Text and Materials. Oxford
University Press, 2017.

which helps in underpinning open, fair and peaceful societies where the business and citizens can
effectively prosper. The Bill of right is a constitutional law which is relevant in setting certain
civil rights.
TASK 3
Internal Market Bill of the UK is considered to be as a public bill which is currently
presented before the parliament of UK. This bill has been published on 9th September, 2020. this
bill has been significantly passed in both the houses of the parliament. The government of the
UK demonstrates that, the purpose of the intended bill is to significantly guarantee the continued
set of seamless functioning within internal market of UK. It is also relevant in enshrining the law
principles in order to effectively ensure the regulation from one part of UK which has been
recognized across country 8. The government of the UK has significantly out forward the
legislative proposal i.e., Internal market bill which in turn tends to breach EU Withdrawal
Agreement Treaty. However, EU Withdrawal Agreement Treaty is a signifiant bill which is
prominent in ensuring that, UK is effectively able to fulfil the key international obligations. This
would have resulted in the serious breach of contract and has also led to the breach of the
international law. However, UK is considered to be as a sovereign state where they can
significantly make up their own set of laws 9. The parliament in turn is considered to be free in
order to significantly pass such laws irrespective of the effect which has been made within the
international law. Parliament is referred to be sovereign within the matter of domestic law. This
could pass the legislation which results in the breach of the treaty. The publication of the bill in
turn has significantly caused the major set of crisis between the Brussels and London 10.
However, the parliament is considered to be sovereign and can also pass the legislation which
in turn is in the breach associated with international treaty obligations. The document in turn has
significant degree of document which has set out the position of the government with the
8 Künnecke, Martina. "German Constitutional Law in the UK Supreme Court." Liverpool
Law Review 40, no. 1 (2019): 31-47.
9 United Kingdom Internal Market Bill: A Rule of Law Analysis of Clauses 42 to 45. 2020.
[Online]. Available through: <https://binghamcentre.biicl.org/publications/united-kingdom-
internal-market-bill-a-rule-of-law-analysis-of-clauses-42-to-45>
10 Murkens, Jo Eric Khushal. "Democracy as the legitimating condition in the UK
Constitution." (2017).

internal market bill which has been acknowledged as the breach of a divorce deal linked with the
European Union. The former Prime Minister, Theresa was not in the support to pass this bill and
override parts of Brexit government within Europe. The bill has been significantly designed to
effectively enable the goods and services to flow freely across Scotland, Wales, Northern Ireland
and UK. It has been critiqued by the parties that, there seems to be high degree of risk which
tends to damage the breaching international law of UK 11. The bill tends to have high degree of
impact upon the rule of law. There are three key clauses which undermines the rule f law are
Clause 42, Clause 43 and Clause 45. The government's bill in turn has suffered heavy house of
lords defeat within the house of lord when compared to the controversial Brexit legislation. It
helps in better access to the other country and improved movement of the services. The bill in
turn tends to have high degree of implication upon the Northern Ireland and the arrangements
has agreed on the northern Ireland protocol. However, the sovereign parliament has high degree
of the government parliament which tends to hold supreme degree of legislative power in order
to pass the specific relevant law.
CONCLUSION
This study concludes that, the legislative body has absolute degree of sovereignty and is
also considered to be supreme. There seems to be an extent of authority which the parliament
holds. The bill which in turn has been passed must be significantly signed by both the house of
parliaments. Parliament is referred to be sovereign within the matter of domestic law. The
parliament can pass such legislation which tends to breach the rule of law with the rule of law.
11 Ginsburg, Tom. "Written constitutions and the administrative state: on the constitutional
character of administrative law." In Comparative administrative law. Edward Elgar
Publishing, 2017.

REFERENCES
Books and Journals
Barnett, Hilaire. Constitutional & administrative law. Taylor & Francis, 2017.
Elliott, Mark, and Jason Varuhas. Administrative Law: Text and Materials. Oxford University
Press, 2017.
Ginsburg, Tom. "Written constitutions and the administrative state: on the constitutional
character of administrative law." In Comparative administrative law. Edward Elgar
Publishing, 2017.
Künnecke, Martina. "German Constitutional Law in the UK Supreme Court." Liverpool Law
Review 40, no. 1 (2019): 31-47.
Murkens, Jo Eric Khushal. "Democracy as the legitimating condition in the UK Constitution."
(2017).
Parpworth, Neil. Constitutional and administrative law. Oxford University Press, 2018.
Reiss, Dorit Rubinstein. "Administrative agencies as creators of administrative law norms:
evidence from the UK, France and Sweden." In Comparative Administrative Law. Edward
Elgar Publishing, 2017.
Ruffert, Matthias. "The constitutional basis of EU administrative law." In Comparative
Administrative Law. Edward Elgar Publishing, 2017.
Stack, Kevin M. "Overcoming Dicey in administrative law." (2018): 293-311.
Taylor, Christopher W. Question & Answer Constitutional and Administrative Law. Pearson UK,
2019.
Online
United Kingdom Internal Market Bill: A Rule of Law Analysis of Clauses 42 to 45. 2020.
[Online]. Available through: <https://binghamcentre.biicl.org/publications/united-kingdom-
internal-market-bill-a-rule-of-law-analysis-of-clauses-42-to-45>