Constitutional and Administrative Law

This chapter examines the interplay between law and politics in the UK Constitution, highlighting that, in many ways, the study of the UK Constitution is a study of politics as much as a study of law. Two alternative readings of the UK Constitution will be introduced. First, we consider the ‘political’ constitution as outlined by J. A. G. Griffith, before moving on to look at the contrasting ideas associated with legal, or common law, constitutionalism. The political constitution emphasises the primacy of the political process as the constitutional means through which government operates and is regulated. The ideas of legal constitutionalism, by contrast, prioritise the need for law to control governmental activity. In turn, each model envisages a particular role for the courts within the constitution. Courts in the ‘political’ constitution play a limited role, secondary to that of elected politicians. By contrast, legal constitutionalism envisages a more active role for the judges in holding elected politicians to account, envisaging the law as articulating the fundamental guiding principles of the constitution.