12. Ombudsmen

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the institution of the ombudsman, its origins, the conditions of access and the jurisdiction of the parliamentary and local government ombudsmen. It also considers the meaning of injustice in consequence of maladministration with which the ombudsmen are concerned. The chapter also reviews how ombudsmen investigate and resolve complaints and seek improvement, as well as the outcome of investigations and remedies recommended by the ombudsman. Finally, the chapter discusses the process developed by the ombudsmen in dealing with dissatisfied complainants.

6. Parliament: Scrutiny of Policy and Administration

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the role, policy, and administration of Parliament. It focuses on the House of Commons, exploring the principles of ministerial responsibility and the accountability of the government to Parliament. The chapter describes various procedures and reforms of select committees and looks at activities on the floor of the House of Commons. It also considers reforms seeking to rebalance power between Parliament and the Executive, and to enhance the contribution of back-bench MPs.

13. Statutory Tribunals

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the rationale for giving the task of resolving disputes to statutory tribunals rather than courts. It also describes the new structure and organization for most tribunals and how they conduct dispute resolution adjudication. This technique of redress is considered alongside some methods of alternative dispute resolution. Their place in a staged approach, proportionate dispute resolution, is outlined and the possible benefit of conceiving administrative justice as a system with a focus on users is raised.

10. Judicial Review: The Grounds

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter introduces the nature and constitutional role of judicial review. It then examines the various grounds of review, which have been placed in three classes: illegality, procedural impropriety, and irrationality. The chapter also discusses the substantive aspect of legitimate expectations and the relationship between irrationality and proportionality in pure domestic law.

9. Human Rights

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the area of human rights. It considers the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter examines the implications of the Human Rights Act and how it operates in practice. It analyses the extent of its application between private litigants and courts' interpretation of legislation under the duty of making an interpretation, so far as is possible, which is compatible with the European Convention but which may result in a declaration of incompatibility.

5. The Royal Prerogative and Constitutional Conventions

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter reviews the royal prerogative and constitutional conventions, and the relationship between these two sources of constitutional rules. It identifies the various types of prerogative power, and the attempts to place such powers on a statutory basis, including in the Constitutional Reform and Governance Act 2010, and the Fixed-term Parliaments Act 2011. It also examines attempts to codify constitutional practice, including the Crown's personal prerogative of the appointment of the Prime Minister in the Cabinet Manual. The discussion moves on to constitutional conventions as a source of the constitution, their relationship with law, and their nature as rules of political behaviour. The chapter considers the treatment of conventions in the courts, and whether they can obtain legal force. Finally, the chapter discusses the codification of conventions.

4. Judicial Independence

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the notion of judicial independence. It discusses the Constitutional Reform Act 2005 and its provisions reforming the office of the Lord Chancellor, establishing a new Supreme Court, and restructuring judicial appointments. Judicial diversity and discipline, along with further change to the judicial appointments process, are also considered. The chapter also considers the accountability of the judiciary to Parliament and the public, and the relationship between judicial independence and parliamentary privilege.

7. Parliament: Law-making

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter discusses law-making. First, it considers the types of legislative measures; and then methods of control used before and during their consideration by Parliament including consultation; pre- and post-legislative review; and judicial review of delegated legislation.

3. The Rule of Law

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter discusses the constitutional principle of the rule of law. First the rule of law is introduced, and then Dicey's understanding of it, and criticism of this, is considered. The difference between formal and substantive understandings of the rule of law is discussed, then the rule of law as a broad political doctrine, and finally what is meant by the idea of government according to law in the UK.

11. The Availability of Judicial Review

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the availability of judicial review and its significance in the constitution. First, it considers the claim for judicial review and the exclusivity principle. It determines who can apply for judicial review and against whom and in respect of what activities judicial review may be sought. Next, it examines the discretionary nature of the remedies available in judicial review proceedings, including how the courts exercise this discretion. The chapter concludes with an examination of the courts' response to legislative attempts to exclude or oust judicial review.