Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Constitutional and Administrative Law (UK) - Essay Example

Comments (0) Cite this document
Common Law can be described as unwritten law f the people and can date back centuries, although is can also be described as laws that are determined and enforced by the courts. The remaining powers f the monarchy derive from Common law.
The executive branch of the Constitution can be described as"…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.4% of users find it useful
Constitutional and Administrative Law (UK)
Read TextPreview

Extract of sample "Constitutional and Administrative Law (UK)"

Constitutional and Administrative Law (UK) Common Law can be described as unwritten law f the people and can date back centuries, although is can also be described as laws that are determined and enforced by the courts. The remaining powers f the monarchy derive from Common law.
Finally, Convention. These are unwritten rules that keep the behaviour f the constitutional figures in check. These conventions are also hard to put a date on as they can date back centuries.
The executive branch of the Constitution can be described as"...the core f government. The term refers to the political leaders who from the apex f government; it is the energising force f government. It is charged with directing nation's affairs, supervising how policy is carried out, mobilising support for its goals and providing both ceremonial and crisis leadership." (Ian Wright, Exeter School, April 2001).
The first area f the executive branch to look at is the Cabinet.
The Cabinet is selected by the Prime Minister and is made up f between 20-24 government ministers who are responsible for running the departments of state and deciding government policy. The most senior members f the Cabinet are the Deputy Prime Minister, Foreign Secretary, Chancellor f the Exchequer and Home Secretary. Also, Members of parliament who are 'Parliamentary Private Secretaries' - unpaid assistants to ministers - there are about 110 members f the Government in all. With this in mind, the Cabinet represents about one-fifth f the whole Government. All Cabinet ministers must be members f parliament, either the Commons or the Lords. Most come from the Commons, but there must be some members from the Lords who can represent Cabinet there. Since the Lord Chancellor and Leader f the House f Lords are automatic members, there can be no fewer than two representatives from the Lords.
The framework f the cabinet can be described as, " to take or review the major decisions (f Government), to consider (though not necessarily at the formative stage) any proposals which might affect the future of the Government, and to ensure that no departmental interests are overlooked, thus giving the work f the government a measure f unity" (Mackintosh, J.1977).
The United Kingdom can be seen as a Cabinet government in that the Cabinet meet together as a collective body and discuss and debate on routine items, Parliamentary business, reports on foreign affairs and concerning government issues and also new legislations. Following discussion, decisions are made by the majority f the cabinet which then, if backed by the House f Commons, becomes Government policy. The members f the cabinet then follow a procedure known as 'collective responsibility' in which all members are expected to support the decisions f the Cabinet whether or not he/she has private discrepancies against the outcome(s) and also that relevant decisions are enforced by the officials in his/her department.
As well as the Cabinet, there is also the Cabinet committees and the Cabinet office.
The cabinet committees were established due to the 'sheer volume and complexity f modern governmental business, the bulk f decisions within the Cabinet system are taken by the Cabinet committees (either ministerial standing committees or ministerial ad hoc committees).' There are many forms f committee but their basic functions are to deal with less complex matters on behalf f the cabinet, either to taken decisions themselves or prepare information for, mainly, the Cabinet.
The Cabinet office is another system set up due to the volume f government business. It's basic principles are to support the prime minister and the cabinet, to organise security and intelligence etc.
Works Cited
Budge I., & McKay D. (1993) Developing British Political System: The 1990s. Third Edition. Longman Group UK Ltd.
Coxall B., Lynton R., & Leach R.(2003) Contemporary British Politics. Fourth Edition. Palgrave MacMillan.
Forman, F.N. (1985), Mastering British Politics. MacMillan Education Ltd.
Government & Political Studies 'A' Level National Extension College Trust Ltd, British Politics & Government. (Unit 3 & 5)
Hay C. (2002) British Politics Today. Blackwell Publishers Ltd. Read More
Cite this document
  • APA
  • MLA
(“Constitutional and Administrative Law (UK) Essay”, n.d.)
Constitutional and Administrative Law (UK) Essay. Retrieved from
(Constitutional and Administrative Law (UK) Essay)
Constitutional and Administrative Law (UK) Essay.
“Constitutional and Administrative Law (UK) Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Constitutional and Administrative Law (UK)

Constitutional and Administrative Law of UK

The researcher states that Constitutional Conventions are similar in nature to Customs. They are followed by the State but there is no such mandate which specifically allows for their implementation. However, even though there is no specific law which demands their implementation, they are considered to be an integral part of the idea of Constitution, and through such believes they are practised by the people of the State. “Dicey defined Constitutional Conventions as ʺ…. rules for determining the mode in which the discretionary powers of the Crown (or ministers or servants of the Crown) ought to be exercised. Furthermore, he stated that conventions are constitutional rules, which are not laws in the strict sense which are design...
3 Pages(750 words)Essay

Constitutional and administrative law

...?Constitutional and Administrative Law Introduction Constitutional law relates to the study, interpretation, administration and practice of laws outlined in a country’s constitution. According to Barnnet (2005) any form of legal subjects that are related to constitutional rights or violations form part of constitutional law, it deals with the distribution and exercise of government’s power1. However there are those countries that do not have universal constitution, in such states a number of imperative and consensual rules such as customary law, judge made law, international rules, convections, norms among other statutes are used. Some of such countries as pointed out by Wade and Philips, 1997 by UK, Israel and New Zealand, according...
6 Pages(1500 words)Essay

Constitutional Administrative Law Essay

... partisanship of the EC, has wrought important dynamics on the UK’s conventional political alignments constantly since accession was touted to be the policy required in the 1960’s early year, conservative and labour groups have been accommodated by a fissure of ideology that shows no closing signs. Controversies of this kind have been aggravated by the seen readiness of the courts of UK to quit the mainstream principles of sovereignty of the parliament so as to implement EC laws to assure their non-frustrations via inconsistent domestic law. References Barnett, H 2005, Constitutional and administrative law (5th ed), Cavendish, London. Bra, A M, & Malanczuk, P 1997, Akehurst’s modern introduction to international law, Routledge, London...
6 Pages(1500 words)Essay

Administrative and Constitutional Law

...? Administrative and Constitutional Law Explain the idea and function of parliamentary sovereignty in the UK constitution. Parliamentary sovereignty is a principle used by the UK constitution and makes the parliament a top legal authority1. Parliamentary sovereignty, as a principle in the UK constitution, that is capable of making and ending any law. It is one of the most important components of the UK constitution. Generally, UK is known to have unwritten constitution like in USA and Germany. However, much of the law passed in parliament are always in writing. This type of law is known as statue law. The principle or policy of UK’s parliamentary sovereignty is frequently presented to be a unique legal arrangement with no parallels...
8 Pages(2000 words)Essay

Constitutional and Administrative Law (Parliament Sovereignty in UK)

...?Constitutional and Administrative Law Parliament sovereignty means that a legislative entity is supreme to all other government bodies. This includes the judicial establishment and/or any executive entity. Usually, the court cannot override its legislation and no Parliament can pass decrees that future Legislatives cannot modify. It is very much witnessed that parliament is sovereign in the United Kingdom, the only question is, is its supremacy declining? If so to what degree? Parliamentary supremacy is the most essential component of the United Kingdom constitution. It has been for a very long period. Britain is known to have an unwritten constitution; nevertheless, still, they do exist in a solitary text, just like other countries...
9 Pages(2250 words)Essay

Law Constitutional & Administrative Law

... when it exercises its prerogative powers by imposing remedies if they are done in such a way that they violate the constitution of a country. Before the advent of the twentieth century, the exercise of the prerogative powers by the Crown could not be questioned in a court of law bit now it is possible to question the constitutionality of the orders of the executive (Hadfield 1999, pp.197-232) as shown in the case of Operation Dismantle v the Queen.3 In this case, the judiciary reviewed some executive prerogative orders as they were deemed to be contrary to the provisions of the Canadian constitution and the Charter of Rights and Freedoms (Hogg 2003, p.17). This case gave the courts power to judicially review the decisions of the executive...
6 Pages(1500 words)Essay

Constitutional and Administrative Law

A majority of nations have gone through an occurrence which caused them to depart with history affording them the prospect of codifying their constitutional system. However, Britain is unique in this aspect as the British constitution is a consequence of steady progression and transformation rather than a conscious attempt to devise an absolute arrangement of constitution and government (Raphael, 2004). Nonetheless, it is apparent that Britain possesses a constitution which categorizes statutes and systems involving the primary institutions of the state.
However, many scholars contend that the absence of a codified constitution results to a power 'vacuum,' a vacuity seized by the legislative supremacy of the Parliament. Altho...
8 Pages(2000 words)Essay

Constitutional and Administrative Law

..., not form17, therefore they can only assess the legality of administrative action. Moreover the Courts may also independently assess the compatibility of domestic legislation with Convention rights, and even prior to the Human Rights Act, British Judges have independently assessed Government actions in the areas impacting upon fundamental rights and where necessary, invalidated such infringing Government actions.18 Therefore Zak may also have grounds for judicial review on grounds of requiring the public authority to state reasons for its actions. Bibliography Allan, T.R.S., 2002. “The Constitutional Foundations of Judicial review: conceptual conundrum or interpretative enquiry?” The Cambridge Law Journal, 61:87-125 Austin, J, 1954...
8 Pages(2000 words)Case Study

Administrative and Constitutional Law

Most of the members of the House of Commons belong to Gavin Black’s Democratic Social Party. They have made new laws in regard to the secession of Scotland and Ireland from the There are no limits that exist in so far as the subject matter is concerned, on which Parliament may legislate and Barnett has outlined several different areas where Parliament has successfully legislated to alter its term of office and the scope of its authority. Therefore, the passage of the Constitutional Act of 2007 by the Gavin Black Government does not appear to be an invalid act.

For example, when Parliament passed the Septennial Act, extending its life to seven years, the effect of the Act was to confer on the House of Commons the...
7 Pages(1750 words)Essay

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

UK Employment Policy

Analysts explain that this situation is not simply because citizens don’t want to exercise this fundamental right, but largely because of the continued failure of the governments to institute an effective implementation of employment policies put in place (Howell, 2005). It has clearly been demonstrated by Mathew (2006) that the United Kingdom government has shown a lot of unwillingness in tackling the reported unemployment crisis.

Available research findings reveal that there are high unemployment rates among UK born ethnic minorities which show great diversities. According to a 2001 report, it is shown that unemployment rates amongst UK born men and women from black, Bangladeshi and Pakistani ethnic groups were...
9 Pages(2250 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Contrast of Two Explanations of Social Disorder in Contemporary UK Society

As the process of urbanization takes off and more people start residing in major cities, the fissures start to appear within the apparent harmonious co-existence. There are several reasons why disorderly conduct on part of individuals and groups takes place. Sociologists have proposed numerous theories explaining this phenomenon.

Erving Goffman was an astute observer of society, who immersed himself in the social environment which he was studying. He carefully observed and recorded the ways in which people’s behavior and interpersonal interactions are carried out in everyday life. He notes that “people perform their social roles and, as they do so, they produce social order through their actions and the regu...
6 Pages(1500 words)Article

The Key Macro Factors that Have Influenced the UK Grocery Retailing Industry since the Early 1960s

...) macro-environment – political, legal, economic forces, social forces and technological forces (Brooks et al, 2004, p.451). The following factors are relevant to UK grocery sector under the PEST analysis model: 1) Political Factors Competition law EU law Planning Law Inward Investment (DEFRA, 2006) 2) Economic and Social Factors High disposable income Disposal Income Alliances Branding Cheaper Car Travel Increasing power of consumers Economic Crisis Social Networking Pricing Mature Markets (DEFRA, 2006) It is submitted that the interrelationship of socio-economic factors has been particularly pertinent to grocery retail management. For example, the DEFRA report highlights that the mature market in particular coupled with planning...
13 Pages(3250 words)Assignment

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Constitutional and Administrative Law (UK) for FREE!

Contact Us