3: Constitutional and administrative law Flashcards
Function of The Crown (4)
- Formulate policies
- Administration of the Govt
- Enforce the law
- Protect the realm
Flow of policy in government
- Cabinet
- Treasury
- Office of the Parliamentary Council
- HMRC
What are the three main organs of the Government?
The Crown, Parliament, The Judicuiary
Main function of Parliament?
To translate policies from The Crown into law
What is the role of the The Office of The Parliamentary Council
To draft legislation
Role of The Judiciary (3)
- To adjudicate in disputes
- To declare rules of common law and equity
- To interpret laws made by Parliament.
The nature of the UK constitution is described as: (5)
MUFUD
- Monarchical
- Uncodified
- Flexible
- Unitary
- Dualist
What are the three doctrines of UK constitution?
The rule of law, the separation of powers, the supremacy of parliament
The doctrine of the rule of law ensures that law is not ______, ______, or ______.
secret, abitrary, or retrospective.
What is Judicial Review?
examines the legality of actions and decisions made by a public body on a taxpayer
to ensure fair treatment
How is juducial review different to an appeal
judicial review examines how the decision was made (the process), rather than the outcome of the decision.
Purpose of juducial review
to ensure the taxpayer has fair treatment by HMRC.
Where are applications for judicial review made to?
The administrative court
When should applications for judicial review to the administrative court be made?
Made promptly and usually within 3 months after the grounds to make the claim first arise.
What are the requirements to make an application for judicial review? (2)
- Arguable case
- Sufficient interest (Locus standi)
