Friday, August 23, 2019
Constitutional and administrative law Essay Example | Topics and Well Written Essays - 1500 words
Constitutional and administrative law - Essay Example In the United Kingdom, the constitution forms the set of laws and principles from which the Kingdom is governed, the UK constitution is different from other nationââ¬Ës because it is not continued in one document, it has a de facto constitution that is embodied in court judgments, treaties and within statues3. One of the cases pointed out by As pointed out by Allen and Thompson, 2008, that gives the rule of law authority over statutory law is that of Malone v. MPC4 ,it was held that it was it is the right of an individual to be protected against arbitrary interference from public authorities in his private life. On the other hand ,administrative law forms part of the law that runs activities within government agencies, a government agency is body that has been mandated to make rules ,adjudication and the enforcement of given regulatory agenda5. Administrative law is directly related to public law, which deals with making decisions in various administrative units of the government such as commissions, boars and tribunals. Administrative law ensures that all the sectors of the economy are well coordinated and that the constitution is upheld in all the procedures in the nation. In the United Kingdom, the Ombudsmen, the judicial review and the tribunals are the bodies that take charge of administrative law, for example the Ombudsman plays the role of investigating complaints that come from maladministration. Both the administrative and constitutional laws are important to the sovereignty of a country, it economic growth, protection of human rights, prevention of mal administration, economic growth among others6. Body One of the roles of the constitution is to stipulate the stateââ¬â¢s legal structure; it is the main body that makes rules which governs the excising of power within the government .It governs the relationship between the executive, the legislature and the judiciary bodies under its authority. The constitution defines various hierarchies and thei r relationship to power, in cases where it has established federal states; there will be several levels of government working together with shared or exclusive areas of jurisdiction in relation to lawmaking, its application and enforcement. Protecting of its people also form an important role of the constitution, human rights and civil liberties take care of the individuals rights against that of the state. Constitutional law alongside administrative law should ensure that its citizens are protected against exploitation by any body or organisation, in Prescott v Birmingham Corp, any decisions made in relation to public in interests should be carried with an aim contributing to the overall public good. 7 The Universal declaration of human rights that is found under the UN charter forms the basis of human rights element in most constitutions. In the UK, human rights provisions are provided from the statutes, convection and case law. For example in Entick v. Carrington8, where Entick a ccused Carrington over trespass and abuse of his human rights, in the ruling Lord Camdem declared that every man has the right to secure his property in fact that is the
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