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Procedural Fairness

1371 Words6 Pages

When it is talked about procedural fairness what is meant is equal treatment by the law and the administration, this applies to both people and corporations. When an issue arises with respect to that principle, one of the pillars of administrative law is usually the solution and that is judicial review. Those are the two aspects of this paper which will be narrated by the question of “why would the French system not be an alternative to the UK?” this question is an essential for the administrative law because it will present the differences and efficacy of current practices, which highlights shortcomings and points requiring amendments. This affects both the professionals in the field and the society, because it has influence over the efficacy …show more content…

Firstly, unlike many other states the UK does not have a written constitution as such but rather refers to existing statutes and precedents as such, according to which the ultimate source of law is the Parliament, which means that in the course of a term many statutes and precedents can be amended or eliminated with or without replacing them. Secondly, the constitution establishes the powers of the state, according to which all issues regarding the law shall be addressed to the courts of the UK, which essentially boils down to the fact that administrative cases are heard by the same courts . Whether or not a highly centralized court system is a benefit will be discussed further below. For this section however, it is needed to present what are the established requirements for a review according to the law some of which are if the law, policy, or a decision is has made an error in determining the facts of the issue or if the wrong law was applied, another precedent not providing a fair hearing, and proportionality established in result of EU legislation, if the decision was made by the wrong institution of government and various others prerequisites that are dependent on …show more content…

Firstly, there is an independent assigned institution that concerns itself with issues regarding administrative procedures, it is called the Council of State it still consists of legal professionals that have proven their level of dedication and have gotten an education that differs from university and have passed a specific examination. Furthermore, they also have an advisory function when policies are made, which is to say that a constitutional check has been through policies before they are implemented . Proportionality and equality are the main principles of the review in Council d’état. The role of the Council has changed through time especially since the establishment of administrative courts who hear cases and have power to award remedies, while the Council might advise the courts on how to decide the case, that would happen when a claim against a policy or a decision is addressed to it and on its turn the Council asks for clarification the respective governmental agency, with that function it can help amend policies and assist administrative courts at the same

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