Constitutional, Administrative and Public Law Basics
Constitutional, administrative and public law basics tests the legal framework that governs public power: how authority is created, limited and reviewed.
Constitutional foundations
A constitution allocates power among the legislature, executive and judiciary, and typically includes a bill of rights. Separation of powers prevents any one branch from dominating, while checks and balances (judicial review, legislative oversight, executive veto) keep the branches accountable. The rule of law means that government acts under law, not arbitrarily; laws are prospective, general, published and applied equally.
Administrative law
Administrative law controls decisions by public bodies. Two natural-justice rules are central: audi alteram partem (hear the other side) and nemo judex in causa sua (no one should judge their own cause, including apparent bias). Delegated legislation must stay within the parent Act and be subject to parliamentary and judicial controls. Courts review legality, fairness and rationality - not the merits of a policy choice.
Grounds of judicial review
Commonly grouped as illegality (acting beyond power, misusing discretion), procedural impropriety (breach of natural justice or statutory procedure) and irrationality (a decision no reasonable body could reach). Remedies include orders quashing a decision, prohibiting an unlawful act, or requiring performance of a duty.
Worked example
A licensing board revokes a permit after receiving a complaint, without informing the holder or allowing a reply. Which ground is strongest? Reasoning: the holder was denied a hearing, so the decision breaches audi alteram partem and is procedurally improper. The board may still have had a valid reason, but fairness requires notice and an opportunity to respond. The correct answer is procedural impropriety.
Traps that cost marks
- Thinking natural justice requires a full court-style trial; notice and a fair hearing usually suffice.
- Confusing judicial review with an appeal on the merits.
- Treating rights as absolute when most are subject to reasonable limits.
- Missing apparent bias: a decision-maker with a financial or family interest is disqualified.
- Forgetting that delegated legislation can be ultra vires if it exceeds the enabling Act.