Key Aspects of UK Administrative Law | Free Legal Advice for UK Professionals
Administrative law in the UK plays a crucial role in governing the relationship between the government and its citizens. It is a branch of public law that ensures the legal framework within which government and public bodies exercise their powers is fair, transparent, and accountable.
One of the key principles of administrative law is the concept of judicial review. Judicial review allows individuals and organizations to challenge the legality of decisions made by public authorities. This process ensures that government actions are in accordance with the law and that the principles of fairness and natural justice are upheld.
The grounds for judicial review in the UK include illegality, irrationality, procedural impropriety, and legitimate expectation. Illegality refers to situations where a public body acts outside the scope of its legal authority or contrary to the law. Irrationality, also known as unreasonableness, involves decisions that no reasonable authority could have made.
Procedural impropriety relates to situations where a public body fails to follow the correct procedures in making a decision. This could include failing to consult relevant parties, breaching natural justice by not giving a fair hearing, or acting with bias. Legitimate expectation arises when a person has a legitimate expectation that a public body will act in a certain way based on past decisions or assurances made.
In addition to judicial review, administrative law in the UK also encompasses principles such as the duty to give reasons, the duty to act fairly, and the duty to consult. The duty to give reasons requires public authorities to provide explanations for their decisions, allowing individuals to understand the basis for those decisions and enabling effective challenge through judicial review.
The duty to act fairly, also known as procedural fairness, requires public bodies to conduct themselves in a manner that is fair, unbiased, and transparent. This includes providing parties with an opportunity to make representations, ensuring decisions are based on relevant evidence, and avoiding conflicts of interest.
The duty to consult mandates public bodies to engage with relevant stakeholders and obtain their views before making decisions that may affect their interests. Consultation helps ensure that decisions are informed by a diverse range of perspectives and take into account the potential impacts on different groups within society.
Overall, administrative law in the UK plays a crucial role in upholding the rule of law, promoting accountability, and safeguarding the rights of individuals. By providing mechanisms for oversight and review of government actions, administrative law ensures that public authorities act within their legal powers and in the best interests of the public.