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SQE1: Constitutional and Administrative Law and EU Law

SQE1 · Work through your exam, one topic at a time.

All guide sections

Constitutional and Administrative Law and EU Law

Core principles

Parliamentary sovereignty means Parliament can make or unmake any law and later Parliaments cannot be bound. The rule of law requires legality, certainty and fair procedures. Separation of powers allocates legislative, executive and judicial functions, though the Lord Chancellor's dual role shows overlap. Prerogative powers are residual executive powers; their exercise is reviewable in principle (Miller; GCHQ excludes national security).

Judicial review in practice

Grounds: illegality (acting outside statutory power, error of law, unlawful delegation, fettering discretion), irrationality (Wednesbury - so unreasonable no reasonable authority could have reached it), procedural impropriety (breach of natural justice, legitimate expectation). Standing, time limits (promptly and within three months), and the exclusion of ouster clauses (Anisminic) are prime examination traps. Relief is discretionary; damages are rare.

Human Rights and devolution

Sections 3 and 4 HRA; proportionality as the test where Convention rights are engaged, with a margin of appreciation at Strasbourg and a discretionary area of judgment domestically.

EU law

Following Brexit, retained EU law continues to operate under the European Union (Withdrawal) Act 2018 as amended by the 2023 Act. The EU treaties no longer bind the UK courts, and the Charter of Fundamental Rights ceased to have effect domestically. Principles such as supremacy, direct effect and Francovich damages are now of historic and interpretive significance only.

Trap: judicial review is about the legality of a decision, not its merits. If the question asks whether the outcome was correct, the answer is appeal, not review.