UK Administrative Law and Judicial Review

From the study guide

Course Outline

  1. UK administrative law and Dicey’s myth
  2. Judicial review as the core of UK law
  3. Why UK administrative law matters
  4. Constitutional foundations of administrative law
  5. Parliamentary sovereignty and the King in Parliament
  6. Fairness presumption when administrative power exists
  7. Procedural fairness: representations and disclosure
  8. Substantive fairness grounds: illegality, irrationality, proportionality
  9. Illegality grounds: ultra vires and error of law
  10. Error of facts as a basis for quashing
  11. Irrationality standard from Wednesbury
  12. Human Rights Act 1998 and proportionality review

1. UK administrative law and Dicey’s myth

Key Concepts & Definitions

  • Dicey’s myth: Dicey’s myth is the claim that the UK lacks a developed system of administrative law.
  • Administrative law in the UK: Administrative law in the UK refers to public-law control of government action, even though the phrase is not used as a technical label by English judges.
  • A. V. Dicey: A. V. Dicey is a Victorian jurist who authored Introduction to the Study of the Law of the Constitution and shaped key constitutional ideas.
  • Parliamentary sovereignty: Parliamentary sovereignty is the constitutional principle that Parliament can make or unmake any law and that no one may override Parliament’s legislation.

Essential Points

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Practice quiz preview

1. What does Dicey’s myth claim about the UK legal system?

2. Which pair of constitutional principles is associated with Dicey?

3. What is judicial review in UK public law?

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Flashcard preview

UK administrative law — Dicey’s myth?

UK lacks a developed administrative law system, according to Dicey.

Judicial review — core of UK law?

It examines legality of public body decisions.

Dicey’s myth

UK lacks a developed administrative law system.

Judicial review

Courts examine legality of public body decisions.

Parliamentary sovereignty

Parliament can make or unmake any law.

Rule of law (Dicey)

Punishment requires proven breach in courts.

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