Growth of Administrative Law in the UK
Growth of Administrative Law in the UK
1. Introduction
Administrative Law in the UK governs the activities of government agencies, ministers, and other public authorities. It ensures that these bodies act within the powers granted by law, respect citizens’ rights, and are accountable.
The growth of administrative law in the UK evolved from limited judicial interference in government affairs to a robust system ensuring rule of law, accountability, and fairness in administrative actions.
2. Early Stage: Limited Judicial Review
Historically, UK courts were reluctant to interfere with administrative decisions, adhering to the principle of parliamentary sovereignty and a strict separation of powers.
The courts initially exercised judicial review only in cases of illegality and procedural impropriety, without expanding into substantive fairness.
3. Landmark Cases Marking Growth of Administrative Law
Case 1: Council of Civil Service Unions v. Minister for the Civil Service (GCHQ Case) [1985] AC 374
Facts:
The government banned civil servants at GCHQ from joining trade unions citing national security without consulting them.
The unions challenged the decision as unlawful.
Decision:
The House of Lords recognized for the first time that even the Crown’s prerogative powers are subject to judicial review.
Established three grounds for judicial review:
Illegality
Irrationality (Wednesbury unreasonableness)
Procedural impropriety
Significance:
Marked the modern era of administrative law in the UK.
Judicial review expanded beyond procedural issues to substantive grounds.
Case 2: R v. Secretary of State for the Home Department, ex parte Doody [1994] 1 AC 531
Facts:
Prisoners serving life sentences challenged the Home Secretary’s refusal to give reasons for minimum term tariffs.
Decision:
The House of Lords held that natural justice (right to a fair hearing) requires the decision-maker to give reasons where fairness demands it.
Introduced the concept that procedural fairness is flexible and depends on the context.
Significance:
Shifted administrative law towards a more substantive notion of fairness.
Established that procedural fairness includes the duty to give reasons in many administrative decisions.
Case 3: R v. Secretary of State for Education and Science, ex parte Begbie [1999] 1 WLR 1373
Facts:
The case concerned the refusal to grant school places.
Decision:
Court emphasized that decisions must not be irrational and must follow proper statutory interpretation.
Applied the Wednesbury unreasonableness test to administrative decisions.
Significance:
Reaffirmed the standard of reasonableness in administrative actions.
Developed principles for reviewing discretionary powers.
Case 4: R (on the application of Daly) v. Secretary of State for the Home Department [2001] 2 AC 532
Facts:
Prisoner challenged a policy allowing prison officers to examine legally privileged correspondence.
Decision:
The House of Lords moved beyond Wednesbury unreasonableness.
Applied a proportionality test, balancing individual rights and public interest.
Held the policy unlawful as disproportionate.
Significance:
Introduced proportionality as an emerging standard in UK administrative law.
Reflects influence of European human rights jurisprudence.
Case 5: R (Miller) v. Secretary of State for Exiting the European Union [2017] UKSC 5
Facts:
The Government sought to trigger Article 50 (to leave EU) without Parliament’s approval.
Decision:
Supreme Court held that government could not bypass Parliament in triggering Article 50.
Affirmed parliamentary sovereignty and the rule of law as fundamental principles.
Significance:
Confirmed limits on executive power.
Highlighted the importance of constitutional principles within administrative law.
4. Thematic Growth in UK Administrative Law
| Theme | Case Example | Explanation |
|---|---|---|
| Expansion of Judicial Review | GCHQ Case (1985) | Judicial review applies even to prerogative powers |
| Procedural Fairness | Ex parte Doody (1994) | Right to be heard and to receive reasons |
| Rationality and Reasonableness | Ex parte Begbie (1999) | Decisions must not be irrational |
| Proportionality | Daly (2001) | Balancing rights and interests, especially under human rights |
| Constitutional Limits on Power | Miller (2017) | Upholding parliamentary sovereignty and rule of law |
5. Conclusion
The growth of administrative law in the UK shows a clear trajectory from minimal judicial interference to a robust system ensuring government accountability, protection of individual rights, and rule of law.
Landmark cases like GCHQ, Doody, and Miller illustrate how courts have progressively expanded their supervisory role over executive actions, introduced nuanced tests like proportionality, and reaffirmed constitutional principles.
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