Constitutional and Administrative Law (Essay Sample)

CONSTITUTIONAL AND ADMINISTRATIVE
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Constitutional and Administrative Law
The British conception is that there is a clear separation of power between the parliament, executive and judiciary system. The parliament is tasked with the duty of making laws in ways it deems fit while the executive undertakes the administrative task of the country operations following the laws conferred by the Parliament. On the other hand, the judiciary through the courts interprets the law and ensures the obedience of the laws are effected by the citizens of the country. In this paper, our main concern will be to analyze whether it is true that in the current day the separation of powers among the three bodies is still clear and whether each body operates within their domains. Additionally in carrying out the papers objective, we shall tackle on the R v Secretary of State for the Home Department ex parte the Fire Brigades Union.
R v Secretary of State for the Home Department ex parte the Fire Brigades Union
This case was decided in 1995 on 5TH April and involved the House of the Lords. The case concerns the compensation under Criminal Injuries Compensation Act. The case was a milestone as it helped define the prerogative powers extent which is ministerial in nature, thus considered to be of great importance in the enhancement of the constitution.
Facts of the Case
Criminal Injuries Compensation plan was set up to provide compensation to victims of criminal activities. This action was done under the prerogative powers which are ministerial in nature. The compensation to be offered to each victim was to be assessed by the Criminal Injuries Compensation Board. The Criminal Justice Act that was enacted in 1988 was supposed to introduce a scheme that had to be statutory catering for compensation for criminal injuries with some of the sections of the Act being considered as a law. This act was supposed to be implemented at the date and time set by the Home Secretary.[swarb.co.uk, "Regina -V- Secretary Of State For The Home Department Ex Parte Fire Brigades Union; HL 5 Apr 1995" (2015) accessed 27 January 2016.]
The government, however, instead of complying with the Act and implementing it amended a non-statutory. The legislation was a tariff based plan under the prerogative powers which was royal in nature. The scheme put under legislation by the government was supposed to be economical through awarding less compensation than expected to the victims of criminal activities. A trade union due to the pain of the injustice which was about to be committed, sought the help of the judiciary to review the Home Secretary’s decision.
The judiciary through the court of appeal held that the Home Secretary had no enforceable duty to enforce the legislation into force at any set time. The court of appeal stated that forcing the Home Secretary to implement the legislation at a given time would interfere with the legislative process. However, the court of appeal stated that the Home Secretary had the responsibility to implement the legislation failure to this would lead to abuse of power although he should carry out the task at his own approved time free from pressure from others.[swarb.co.uk, "Regina -V- Secretary Of State For The Home Department Ex Parte Fire Brigades Union; HL 5 Apr 1995" (2015) accessed 27 January 2016.]
The House of Lords by a majority vote of 3-2 came to a conclusion that the Home Secretary had acted unlawfully. In regard to this case, it is clear that the government through the help of the Home Secretary instead of implementing an Act that would help the victims of criminal activities amended a non-statutory legislation that was economical in nature. However, in the case the government through as well as the Parliament carries out its duties of enacting acts as well as amending legislation. The executive main work which is administrative handles its work effectively by understanding how legislations are supposed to be implemented. This assertion is clear when the Home Secretary does not bow to external pressure to implement the non-statutory legislation, rather opts to implement the legislation at his or her own appointed time. The judiciary helps interpret the powers of the Home Secretary concerning the case brought forward by the labor union. The House of the Lords carries its work diligently by questioning matters regarding the government such as the implementation of the non-statutory law.
Currently in Britain, there are various overlaps in the Executive, judiciary, and the legislative function systems. This system is, however, kept under control by the use of systems of balances and checks. The systems of balances and checks are made possible through the three organs keeping an eye on each other. Certain checks that have been put in place clearly indicate that the overlaps among the three organs are real. Our focus, therefore, will be the controls kept in place to ensure that the functions of the three organs do not coincide and overlap with each other.
Separation of power in the UK is under great stress due to the increase in government intervention in social issues which are dominated by foreign military policy and administration. This situation has led to the weakening of the concept of government which is replaced by the concept of governance. The concept of governance leads to increase of scope of work of the exe...