Administrative Law

Question 1

What is the pyramid of norms

Answer 1

• concept created in the 20th century

- aims to show relations between different level of norms (primary, secondary legislation, etc.)

Question 2

1st insight of pyramid of norms

Answer 2

a lot more secondary legislation and decisions than primary legislation

Question 3

2nd insight of pyramid

Answer 3

• no judicial review over primary legislation (can’t be stricken down)
• if secondary legislation oversteps the decision in primary it is ultra vires and can be stricken down

Question 4

Why are constitutional statutes an exception to parliamentary sovereignty?

Answer 4

-if an act does not abide by statute it will not necessarily be stricken down but you can declare its incompatibility

Question 5

Jackson exception to parliamentary sovereignty

Answer 5

-there are certain principles that if primary legislation conflicts with them in extreme situations the supreme court can strike down the primary legislation

Question 6

Devolution exception to parliamentary sovereignty

Answer 6

-acts of devolved parliaments like Scotland can be ultra vires if they overstep the authority of their parent act

Question 7

Two ways of limiting the government

Answer 7

• limit based on preventing abuse of power so as long as gov doesn’t overstep powers given by parliament it’s fine
• limit based on HR by using human rights to attack secondary legislation

Question 8

What is the purpose of classic judicial review

Answer 8

looks at the process of decision making rather than the merits of the decision

Question 9

What is political accountability?

Answer 9

mechanism for limiting the government’s power alongside judicial review

Question 10

Why can parliament examine the merits of policy decisions of the government but the courts cannot?

Answer 10

-parliament has democratic legitmacy to examine the decisions of government but the courts do not

Question 11

What powers do the courts have according to classic judicial review?

Answer 11

-courts can examine the process of the decision making to make sure all considerations are taken into account and that the decision is made on a factual basis or they can make a decision with HR

Question 12

R v Secretary of State for the home department ex partie fire brigades union and others 1995 quotes on political accountability and the role of courts

Answer 12

“parliament has its own special means of ensuring that the executive…performs in a way which parliament finds appropriate”

“the courts interpret the laws, and see that they are obeyed”