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Flashcard 1378510048524

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Question

Lord Irvine, speaking at a lecture to the High Court of Hong Kong in 1998, summarised the UK's approach to the separation of powers:

'In the United Kingdom, the approach which is taken to the separation of powers - in common with so many aspects of constitutionalism – is [...]. Within the British constitutional order, the divisions of functions between the different branches of government is not set in tablets of stone. The separation of powers itself is not viewed as a single paradigm of institutional arrangements which can be achieved once and for all time. Rather, it is perceived as an ideal which must be pursued in a manner appropriate to contemporary circumstances. As political, legal and social conditions evolve over time so too conceptions change of what the respective institutions of government should do, and of the powers which each should exercise over the others. It is this flexible and pragmatic approach - which is the fruit of the unwritten constitution – that is central to the typology of constitutional development in the UK.

Answer

essentially pragmatic

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High Court of Hong Kong in 1998, summarised the UK's approach to the separation of powers: 'In the United Kingdom, the approach which is taken to the separation of powers - in common with so many aspects of constitutionalism – is essentially pragmatic. Within the British constitutional order, the divisions of functions between the different branches of government is not set in tablets of stone. The separation of powers itself is not

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Flashcard 1378511097100

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Question

Lord Irvine, speaking at a lecture to the High Court of Hong Kong in 1998, summarised the UK's approach to the separation of powers:

'In the United Kingdom, the approach which is taken to the separation of powers - in common with so many aspects of constitutionalism – is essentially pragmatic. Within the British constitutional order, the divisions of functions between the different branches of government is not set in tablets of stone. The separation of powers itself is not viewed as a single paradigm of institutional arrangements which can be achieved once and for all time. Rather, it is perceived as [...]. As political, legal and social conditions evolve over time so too conceptions change of what the respective institutions of government should do, and of the powers which each should exercise over the others. It is this flexible and pragmatic approach - which is the fruit of the unwritten constitution – that is central to the typology of constitutional development in the UK.

Answer

an ideal which must be pursued in a manner appropriate to contemporary circumstances

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ween the different branches of government is not set in tablets of stone. The separation of powers itself is not viewed as a single paradigm of institutional arrangements which can be achieved once and for all time. Rather, it is perceived as an ideal which must be pursued in a manner appropriate to contemporary circumstances. As political, legal and social conditions evolve over time so too conceptions change of what the respective institutions of government should do, and of the powers which each should ex

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Flashcard 1378512145676

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Question

[ who ], speaking at a lecture to the High Court of Hong Kong in 1998, summarised the UK's approach to the separation of powers:

'In the United Kingdom, the approach which is taken to the separation of powers - in common with so many aspects of constitutionalism – is essentially pragmatic. Within the British constitutional order, the divisions of functions between the different branches of government is not set in tablets of stone. The separation of powers itself is not viewed as a single paradigm of institutional arrangements which can be achieved once and for all time. Rather, it is perceived as an ideal which must be pursued in a manner appropriate to contemporary circumstances. As political, legal and social conditions evolve over time so too conceptions change of what the respective institutions of government should do, and of the powers which each should exercise over the others. It is this flexible and pragmatic approach - which is the fruit of the unwritten constitution – that is central to the typology of constitutional development in the UK.

Answer

Lord Irvine

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Lord Irvine, speaking at a lecture to the High Court of Hong Kong in 1998, summarised the UK's approach to the separation of powers: 'In the United Kingdom, the approach which is taken

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Flashcard 1378513980684

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Question

The Lord Chancellor is the government minister with responsibility for the administration of justice including the administration of the court system. Historically, this office carried a wide portfolio of responsibilities. However, under the [ statute ], the role was reorganised to remove overlaps with the legislative and judicial functions. In particular, the Lord Chancellor ceased to be the Speaker or President of the House of Lords in May 2006. In April 2006 he also ceased to be the head of the Judiciary in England and Wales and surrendered his powers of judicial appointment to the Judicial Appointments Commission.

Answer

Constitutional Reform Act 2005

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he Lord Chancellor is the government minister with responsibility for the administration of justice including the administration of the court system. Historically, this office carried a wide portfolio of responsibilities. However, under the Constitutional Reform Act 2005, the role was reorganised to remove overlaps with the legislative and judicial functions. In particular, the Lord Chancellor ceased to be the Speaker or President of the House of Lord

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Flashcard 1378516077836

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Question

The Attorney General sits in Cabinet as the chief legal adviser to the government. He also has a role in deciding whether to bring a prosecution in individual cases. The nature of this office has given rise to concerns about the possible impact on the doctrine of separation of powers, as [...]. A good example of this was the controversy surrounding the legal advice given to the Blair government by the then Attorney General, Lord Goldsmith, in the lead-up to the war in Iraq.

Answer

a conflict of interest could arise between the inherent political allegiance of any holder of the office and the wider constitutional obligation to give independent, impartial legal advice to the government

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ief legal adviser to the government. He also has a role in deciding whether to bring a prosecution in individual cases. The nature of this office has given rise to concerns about the possible impact on the doctrine of separation of powers, as a conflict of interest could arise between the inherent political allegiance of any holder of the office and the wider constitutional obligation to give independent, impartial legal advice to the government. A good example of this was the controversy surrounding the legal advice given to the Blair government by the then Attorney General, Lord Goldsmith, in the lead-up to the war in Iraq.</

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Flashcard 1378517126412

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Question

The Attorney General sits in Cabinet as the chief legal adviser to the government. He also has a role in deciding whether to bring a prosecution in individual cases. The nature of this office has given rise to concerns about the possible impact on the doctrine of separation of powers, as a conflict of interest could arise between the inherent political allegiance of any holder of the office and the wider constitutional obligation to give independent, impartial legal advice to the government. A good example of this was the controversy surrounding the legal advice given to the Blair government by the then Attorney General, [...], in the lead-up to the war in Iraq.

Answer

Lord Goldsmith

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office and the wider constitutional obligation to give independent, impartial legal advice to the government. A good example of this was the controversy surrounding the legal advice given to the Blair government by the then Attorney General, Lord Goldsmith, in the lead-up to the war in Iraq.<body><html>

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Flashcard 1378518174988

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In more general separation of powers terms, the self-image of the higher judiciary as a determinedly independent force within the constitution is a very significant feature of modern constitutional law. The degree to which this role is pursued will vary to an extent between judges but it is fair to say that the modern judiciary sees itself as [...].

Answer

playing a vital role in maintaining an effective overall constitutional balance

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pendent force within the constitution is a very significant feature of modern constitutional law. The degree to which this role is pursued will vary to an extent between judges but it is fair to say that the modern judiciary sees itself as playing a vital role in maintaining an effective overall constitutional balance.<body><html>

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Flashcard 1378519223564

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Question

Similarly, the courts have often employed the doctrine of the separation of powers as part of their justification in deciding cases. In [ case ], when the Home Secretary ignored a court order because he thought it was wrongly made, the court made it clear that this was in breach of the doctrine of separation of powers.

Answer

M v Home Office [1993] 3 WLR 433

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Similarly, the courts have often employed the doctrine of the separation of powers as part of their justification in deciding cases. In M v Home Office [1993] 3 WLR 433, when the Home Secretary ignored a court order because he thought it was wrongly made, the court made it clear that this was in breach of the doctrine of separation of powers.<

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Flashcard 1378521058572

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In recent decades, the judiciary has played an increasing role in exercising a check on the executive through the use of [...]. The growth of judicial review has been seen as an expression of the importance of the separation of powers in modern Britain. See Council of Civil Service Unions v Minister for the Civil Service (the 'GCHQ' case) [1985] AC 374.

Answer

judicial review

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In recent decades, the judiciary has played an increasing role in exercising a check on the executive through the use of judicial review. The growth of judicial review has been seen as an expression of the importance of the separation of powers in modern Britain. See Council of Civil Service Unions v Minister for the C

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Flashcard 1378522107148

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In recent decades, the judiciary has played an increasing role in exercising a check on the executive through the use of judicial review. The growth of judicial review has been seen as [...] in modern Britain. See Council of Civil Service Unions v Minister for the Civil Service (the 'GCHQ' case) [1985] AC 374.

Answer

an expression of the importance of the separation of powers

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Flashcard 1378523155724

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Question

In recent decades, the judiciary has played an increasing role in exercising a check on the executive through the use of judicial review. The growth of judicial review has been seen as an expression of the importance of the separation of powers in modern Britain. See [ case ].

Answer

Council of Civil Service Unions v Minister for the Civil Service (the 'GCHQ' case) [1985] AC 374

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ciary has played an increasing role in exercising a check on the executive through the use of judicial review. The growth of judicial review has been seen as an expression of the importance of the separation of powers in modern Britain. See Council of Civil Service Unions v Minister for the Civil Service (the 'GCHQ' case) [1985] AC 374.<body><html>

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Flashcard 1378524990732

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Question

The courts have often explained their readiness to strike down executive action in terms of upholding the democratic will of Parliament. In [ case ] the House of Lords ruled that the Home Secretary's use of prerogative power to introduce a criminal injuries compensation scheme at variance with an unimplemented statutory provision was inconsistent with the will of Parliament.

Answer

R v Secretary of State for Home Department, ex parte Fire Brigades Union, [1995] 2 All ER 244

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The courts have often explained their readiness to strike down executive action in terms of upholding the democratic will of Parliament. In R v Secretary of State for Home Department, ex parte Fire Brigades Union, [1995] 2 All ER 244 the House of Lords ruled that the Home Secretary's use of prerogative power to introduce a criminal injuries compensation scheme at variance with an unimplemented statutory provision w

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Flashcard 1378526825740

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Question

The courts have often explained their readiness to [...]. In R v Secretary of State for Home Department, ex parte Fire Brigades Union, [1995] 2 All ER 244 the House of Lords ruled that the Home Secretary's use of prerogative power to introduce a criminal injuries compensation scheme at variance with an unimplemented statutory provision was inconsistent with the will of Parliament.

Answer

strike down executive action in terms of upholding the democratic will of Parliament

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Flashcard 1378528136460

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Question

According to the [ statute ], the executive has an obligation to uphold judicial independence. Ministers are specifically barred from trying to influence judicial decisions through any special access to judges.

Answer

Constitutional Reform Act 2005, s 3

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According to the Constitutional Reform Act 2005, s 3, the executive has an obligation to uphold judicial independence. Ministers are specifically barred from trying to influence judicial decisions through any special access to judges.</

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Flashcard 1378529971468

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According to the Constitutional Reform Act 2005, s 3, the executive has an obligation to [...]. Ministers are specifically barred from trying to influence judicial decisions through any special access to judges.

Answer

uphold judicial independence

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Flashcard 1378531806476

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Question

Without an independent judiciary, there can be no real separation of power because [...].

Answer

the executive cannot be held properly to account in the legal sense

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Without an independent judiciary, there can be no real separation of power because the executive cannot be held properly to account in the legal sense.

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Flashcard 1378532855052

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Question

There are many examples of statutes and conventions that operate to ensure a degree of separation within the UK's constitutional arrangements. Consider, for example, the [ statute ], which operates to prevent judges and senior civil servants from becoming MPs.

Answer

House of Commons Disqualification Act 1975

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There are many examples of statutes and conventions that operate to ensure a degree of separation within the UK's constitutional arrangements. Consider, for example, the House of Commons Disqualification Act 1975, which operates to prevent judges and senior civil servants from becoming MPs.

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Flashcard 1378534690060

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[ who ], 1995 Public Law 615 commented:

'The truth is that there is no effective separation of powers between the legislature and executive in the United Kingdom in the system of "checks and balances". The advent of the mass political parties has destroyed the semblance of such a system which existed a century ago. Except on rare occasions when there is significant party split, the government effectively controls the legislature ... There is, however, an effective separation of the judicial power from the other branches.'

Answer

Barendt

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Barendt, 1995 Public Law 615 commented: 'The truth is that there is no effective separation of powers between the legislature and executive in the United Kingdom in the system of &

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Flashcard 1378536525068

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Barendt, 1995 Public Law 615 commented:

'The truth is that there is [...] in the United Kingdom in the system of "checks and balances". The advent of the mass political parties has destroyed the semblance of such a system which existed a century ago. Except on rare occasions when there is significant party split, the government effectively controls the legislature ... There is, however, an effective separation of the judicial power from the other branches.'

Answer

no effective separation of powers between the legislature and executive

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Barendt, 1995 Public Law 615 commented: 'The truth is that there is no effective separation of powers between the legislature and executive in the United Kingdom in the system of "checks and balances". The advent of the mass political parties has destroyed the semblance of such a system which existed a century ago.

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Flashcard 1378537573644

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Question

Barendt, 1995 Public Law 615 commented:

'The truth is that there is no effective separation of powers between the legislature and executive in the United Kingdom in the system of "checks and balances". The advent of the mass political parties has destroyed the semblance of such a system which existed a century ago. Except on rare occasions when there is significant party split, the government [...] ... There is, however, an effective separation of the judicial power from the other branches.'

Answer

effectively controls the legislature

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n the system of "checks and balances". The advent of the mass political parties has destroyed the semblance of such a system which existed a century ago. Except on rare occasions when there is significant party split, the government effectively controls the legislature ... There is, however, an effective separation of the judicial power from the other branches.' <body><html>

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Flashcard 1378538622220

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Question

In addition to the judicial function performed by judges in the courts, certain aspects of the judicial role can, and have been, exercised by members of the executive, most notably in the past by the Home Secretary. This power derived from both statutory and prerogative sources. For example, following the murder of James Bulger by two ten-year-old boys, it was within the Home Secretary's power to set the tariff for their imprisonment. It was found in R v Home Secretary, ex parte Venables and Thompson [1998] AC 407 that he had acted unlawfully in exercising these powers. (See section 14.5 for further details on this case.) The judicial power of the Home Secretary has been reduced in recent years, however, following some high profile human rights cases and consequent statutory amendments. See, for example, R (Anderson) v Secretary of State for the Home Department [2002] UKHL 46 and the [ statute ].

Answer

Criminal Justice Act 2003

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ome Secretary has been reduced in recent years, however, following some high profile human rights cases and consequent statutory amendments. See, for example, R (Anderson) v Secretary of State for the Home Department [2002] UKHL 46 and the Criminal Justice Act 2003. <body><html>

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Flashcard 1378540457228

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Question

In addition to the judicial function performed by judges in the courts, certain aspects of the judicial role can, and have been, exercised by members of the executive, most notably in the past by the Home Secretary. This power derived from both statutory and prerogative sources. For example, following the murder of James Bulger by two ten-year-old boys, it was within the Home Secretary's power to set the tariff for their imprisonment. It was found in R v Home Secretary, ex parte Venables and Thompson [1998] AC 407 that he had acted unlawfully in exercising these powers. (See section 14.5 for further details on this case.) The judicial power of the Home Secretary has been [...] in recent years, however, following some high profile human rights cases and consequent statutory amendments. See, for example, R (Anderson) v Secretary of State for the Home Department [2002] UKHL 46 and the Criminal Justice Act 2003.

Answer

reduced

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t was found in R v Home Secretary, ex parte Venables and Thompson [1998] AC 407 that he had acted unlawfully in exercising these powers. (See section 14.5 for further details on this case.) The judicial power of the Home Secretary has been reduced in recent years, however, following some high profile human rights cases and consequent statutory amendments. See, for example, R (Anderson) v Secretary of State for the Home Departme

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Flashcard 1378541505804

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For centuries the highest court in the UK was the Appellate Committee of the House of Lords. This arrangement was often quoted as a clear example of a further overlap in the separation of powers model in the UK. The judicial function exercised by this part of Parliament ended in 2009, however, following the [ statute ], when the UK Supreme Court was established as an institution, totally separate from Parliament.

Answer

Constitutional Reform Act 2005

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of the House of Lords. This arrangement was often quoted as a clear example of a further overlap in the separation of powers model in the UK. The judicial function exercised by this part of Parliament ended in 2009, however, following the Constitutional Reform Act 2005, when the UK Supreme Court was established as an institution, totally separate from Parliament.<body><html>

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Flashcard 1378543340812

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Judicial influence on the development of law can be a strong one, therefore. However, it is very important to note that Parliament ultimately has the ability to [...] by passing legislation to nullify it. In Burmah Oil Co Ltd v Lord Advocate, [1965] AC 75 the court had upheld a claim for compensation against the Crown in respect of damage done by British forces during wartime. To nullify the effect of this decision, the War Damage Act 1965 was passed, with retrospective effect, to deny entitlement to compensation.

Answer

override the effect of a judicial decision

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Judicial influence on the development of law can be a strong one, therefore. However, it is very important to note that Parliament ultimately has the ability to override the effect of a judicial decision by passing legislation to nullify it. In Burmah Oil Co Ltd v Lord Advocate, [1965] AC 75 the court had upheld a claim for compensation against the Crown in respect of damage done by Br

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Flashcard 1378544389388

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In the UK, many commentators have warned of the potential dangers of such fusion, particularly given the strong degree of control exercised by the political parties over their MPs, through the whipping system, and the general tendency since 1945 for governing parties to enjoy significant parliamentary majorities in a 'first past the post' electoral system. Lord Hailsham, Lord Chancellor from 1970–74 and from 1979–87, commenting on the relationship between these two bodies of state, coined the phrase '[...]' in describing executive dominance over the legislature.

Answer

elective dictatorship

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s to enjoy significant parliamentary majorities in a 'first past the post' electoral system. Lord Hailsham, Lord Chancellor from 1970–74 and from 1979–87, commenting on the relationship between these two bodies of state, coined the phrase 'elective dictatorship' in describing executive dominance over the legislature.<body><html>

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Flashcard 1378545437964

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Question

Similarly, the courts play a role in law-making through [...]. However, there is a fine dividing line between developing the law and making it, and sometimes the courts are accused of excessive ‘judicial activism’.

In Shaw v DPP [1962] AC 220, Shaw wanted to publish a 'ladies directory' giving details of prostitutes and their services. He was advised that publication of the directory would not amount to a criminal offence. Nevertheless, a conviction of 'conspiracy to corrupt public morals' was upheld (even though there was no such statutory offence and such a conviction was unprecedented). The House of Lords held that courts have: 'residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the state'.

Answer

the development of the common law and through the interpretation of statute

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Similarly, the courts play a role in law-making through the development of the common law and through the interpretation of statute. However, there is a fine dividing line between developing the law and making it, and sometimes the courts are accused of excessive ‘judicial activism’. In Shaw v DPP [1962]

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Flashcard 1378546486540

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Similarly, the courts play a role in law-making through the development of the common law and through the interpretation of statute. However, there is a fine dividing line between developing the law and making it, and sometimes the courts are accused of excessive ‘judicial activism’.

In [ case ], Shaw wanted to publish a 'ladies directory' giving details of prostitutes and their services. He was advised that publication of the directory would not amount to a criminal offence. Nevertheless, a conviction of 'conspiracy to corrupt public morals' was upheld (even though there was no such statutory offence and such a conviction was unprecedented). The House of Lords held that courts have: 'residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the state'.

Answer

Shaw v DPP [1962] AC 220

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the development of the common law and through the interpretation of statute. However, there is a fine dividing line between developing the law and making it, and sometimes the courts are accused of excessive ‘judicial activism’. In Shaw v DPP [1962] AC 220, Shaw wanted to publish a 'ladies directory' giving details of prostitutes and their services. He was advised that publication of the directory would not amount to a criminal offence. N

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Flashcard 1378548321548

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Question

Similarly, the courts play a role in law-making through the development of the common law and through the interpretation of statute. However, there is a fine dividing line between developing the law and making it, and sometimes the courts are accused of excessive ‘judicial activism’.

In Shaw v DPP [1962] AC 220, Shaw wanted to publish a 'ladies directory' giving details of prostitutes and their services. He was advised that publication of the directory would not amount to a criminal offence. Nevertheless, a conviction of 'conspiracy to corrupt public morals' was upheld (even though there was no such statutory offence and such a conviction was unprecedented). The House of Lords held that courts have: 'residual power to [...], to conserve not only the safety and order but also the moral welfare of the state'.

Answer

enforce the supreme and fundamental purpose of the law

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al offence. Nevertheless, a conviction of 'conspiracy to corrupt public morals' was upheld (even though there was no such statutory offence and such a conviction was unprecedented). The House of Lords held that courts have: 'residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the state'.<body><html>

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Similarly, the courts play a role in law-making through the development of the common law and through the interpretation of statute. However, there is a fine dividing line between developing the law and making it, and sometimes the courts are accused of excessive ‘judicial activism’.

In Shaw v DPP [1962] AC 220, Shaw wanted to publish a 'ladies directory' giving details of prostitutes and their services. He was advised that publication of the directory would not amount to a criminal offence. Nevertheless, a conviction of 'conspiracy to corrupt public morals' was upheld (even though there was no such statutory offence and such a conviction was unprecedented). The House of Lords held that courts have: 'residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the [...]'.

Answer

safety and order but also the moral welfare of the state

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as upheld (even though there was no such statutory offence and such a conviction was unprecedented). The House of Lords held that courts have: 'residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the state'.<body><html>

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In the UK there has traditionally been a considerable degree of overlap in terms of personnel and functions between the different branches of the state. Academic writers including Bagehot (The English Constitution 1867) identify this as being a result of the British constitution being a parliamentary, as opposed to a presidential, system. In a parliamentary system, the legislature selects the political part of the executive branch, which then is then ultimately dependent on the legislature for its position and power. For this reason, parliamentary systems are often seen to create a [...] rather than a separation of powers.

Answer

fusion of powers

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liamentary system, the legislature selects the political part of the executive branch, which then is then ultimately dependent on the legislature for its position and power. For this reason, parliamentary systems are often seen to create a fusion of powers rather than a separation of powers. <body><html>

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It is widely acknowledged that the concentration of all types of state power into the same hands can lead to iniquitous and/or inefficient government. In the famous words of the British historian, [ who ]: 'Power tends to corrupt; absolute power corrupts absolutely.' Constitutional theorists argue that for a constitution to be 'efficient' and 'well arranged' the three branches (or organs) of state (the judiciary, executive and legislature) should be separated into different bodies or persons.

Answer

Lord Acton

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It is widely acknowledged that the concentration of all types of state power into the same hands can lead to iniquitous and/or inefficient government. In the famous words of the British historian, Lord Acton: 'Power tends to corrupt; absolute power corrupts absolutely.' Constitutional theorists argue that for a constitution to be 'efficient' and 'well arranged' the three branches (or org

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It is widely acknowledged that the concentration of all types of state power into the same hands can lead to iniquitous and/or inefficient government. In the famous words of the British historian, Lord Acton: 'Power tends to corrupt; absolute power corrupts absolutely.' Constitutional theorists argue that for a constitution to be 'efficient' and 'well arranged' the three branches (or organs) of state (the judiciary, executive and legislature) should be [...].

Answer

separated into different bodies or persons

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nds to corrupt; absolute power corrupts absolutely.' Constitutional theorists argue that for a constitution to be 'efficient' and 'well arranged' the three branches (or organs) of state (the judiciary, executive and legislature) should be separated into different bodies or persons.<body><html>

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The idea was given more modern expression by [ who ] during the 18th century. He believed that liberty would be best protected if there was a separation of powers into judicial, executive and legislative branches:

'When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ... again, there is no liberty if the power of judging is not separated from the legislative and the executive. If it were joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would then be the legislator. If it were joined to the executive power, the judge might behave with violence and oppression. There would be an end to everything, if the same man, or the same body, whether of the nobles, or of the people, were to exercise those three powers, that of enacting laws, that of executing public affairs and that of trying crimes or individual causes. Any society in which the safeguarding of rights is not assured, and the separation of powers is not observed, has no constitution.' Montesquieu, De L’Esprit des Lois,(1689-1755)

Answer

Montesquieu

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The idea was given more modern expression by Montesquieu during the 18th century. He believed that liberty would be best protected if there was a separation of powers into judicial, executive and legislative branches: 'When the le

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Lastly, it is worth referring back in this context to the highly significant recent case of [ case ]. In a very clear defence of the courts’ role in upholding the rule of law and in maintaining the judiciary’s position in the separation of powers balance, Lord Neuberger stated:

‘When one considers the implications of section 53(2) in the context of a situation where a court, or indeed any judicial tribunal, has determined that information should be released, it is at once apparent that this argument has considerable force. A statutory provision which entitles a member of the executive (whether a Government Minister or the Attorney General) to overrule a decision of the judiciary merely because he does not agree with it would not merely be unique in the laws of the United Kingdom. It would cut across two constitutional principles which are also fundamental components of the rule of law. First, subject to being overruled by a higher court or (given Parliamentary supremacy) a statute, it is a basic principle that a decision of a court is binding as between the parties, and cannot be ignored or set aside by anyone, including (indeed it may fairly be said, least of all) the executive. Secondly, it is also fundamental to the rule of law that decisions and actions of the executive are, subject to necessary well established exceptions (such as declarations of war), and jealously scrutinised statutory exceptions, reviewable by the court at the suit of an interested citizen.’

Answer

R (Evans) v Attorney General [2015] UKSC 21

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Lastly, it is worth referring back in this context to the highly significant recent case of R (Evans) v Attorney General [2015] UKSC 21. In a very clear defence of the courts’ role in upholding the rule of law and in maintaining the judiciary’s position in the separation of powers balance, Lord Neuberger stated: &

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Lastly, it is worth referring back in this context to the highly significant recent case of R (Evans) v Attorney General [2015] UKSC 21. In a very clear defence of the courts’ role in upholding the rule of law and in maintaining the judiciary’s position in the separation of powers balance, [ who ] stated:

‘When one considers the implications of section 53(2) in the context of a situation where a court, or indeed any judicial tribunal, has determined that information should be released, it is at once apparent that this argument has considerable force. A statutory provision which entitles a member of the executive (whether a Government Minister or the Attorney General) to overrule a decision of the judiciary merely because he does not agree with it would not merely be unique in the laws of the United Kingdom. It would cut across two constitutional principles which are also fundamental components of the rule of law. First, subject to being overruled by a higher court or (given Parliamentary supremacy) a statute, it is a basic principle that a decision of a court is binding as between the parties, and cannot be ignored or set aside by anyone, including (indeed it may fairly be said, least of all) the executive. Secondly, it is also fundamental to the rule of law that decisions and actions of the executive are, subject to necessary well established exceptions (such as declarations of war), and jealously scrutinised statutory exceptions, reviewable by the court at the suit of an interested citizen.’

Answer

Lord Neuberger

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xt to the highly significant recent case of R (Evans) v Attorney General [2015] UKSC 21. In a very clear defence of the courts’ role in upholding the rule of law and in maintaining the judiciary’s position in the separation of powers balance, Lord Neuberger stated: ‘When one considers the implications of section 53(2) in the context of a situation where a court, or indeed any judicial tribunal, has determined that information s

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‘When one considers the implications of section 53(2) in the context of a situation where a court, or indeed any judicial tribunal, has determined that information should be released, it is at once apparent that this argument has considerable force. A statutory provision which entitles a member of the executive (whether a Government Minister or the Attorney General) to overrule a decision of the judiciary merely because he does not agree with it would not merely be unique in the laws of the United Kingdom. It would cut across two constitutional principles which are also fundamental components of the rule of law. First, subject to being overruled by a higher court or (given Parliamentary supremacy) a statute, it is a basic principle that [...], and cannot be ignored or set aside by anyone, including (indeed it may fairly be said, least of all) the executive. Secondly, it is also fundamental to the rule of law that decisions and actions of the executive are, subject to necessary well established exceptions (such as declarations of war), and jealously scrutinised statutory exceptions, reviewable by the court at the suit of an interested citizen.’

Answer

a decision of a court is binding as between the parties

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ingdom. It would cut across two constitutional principles which are also fundamental components of the rule of law. First, subject to being overruled by a higher court or (given Parliamentary supremacy) a statute, it is a basic principle that a decision of a court is binding as between the parties, and cannot be ignored or set aside by anyone, including (indeed it may fairly be said, least of all) the executive. Secondly, it is also fundamental to the rule of law that decisions a

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‘When one considers the implications of section 53(2) in the context of a situation where a court, or indeed any judicial tribunal, has determined that information should be released, it is at once apparent that this argument has considerable force. A statutory provision which entitles a member of the executive (whether a Government Minister or the Attorney General) to overrule a decision of the judiciary merely because he does not agree with it would not merely be unique in the laws of the United Kingdom. It would cut across two constitutional principles which are also fundamental components of the rule of law. First, subject to being overruled by a higher court or (given Parliamentary supremacy) a statute, it is a basic principle that a decision of a court is binding as between the parties, and cannot be ignored or set aside by anyone, including (indeed it may fairly be said, least of all) the executive. Secondly, it is also fundamental to the rule of law that decisions and actions of the executive are, subject to necessary well established exceptions (such as declarations of war), and jealously scrutinised statutory exceptions, [...].’

Answer

reviewable by the court at the suit of an interested citizen

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he executive. Secondly, it is also fundamental to the rule of law that decisions and actions of the executive are, subject to necessary well established exceptions (such as declarations of war), and jealously scrutinised statutory exceptions, reviewable by the court at the suit of an interested citizen.’ <body><html>

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[ who ] said in R (Jackson): 'The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.'

Answer

Lord Hope

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Lord Hope said in R (Jackson): 'The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.'

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Lord Hope said in [ case ]: 'The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.'

Answer

R (Jackson)

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Lord Hope said in R (Jackson): 'The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.'

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Lord Hope said in R (Jackson): 'The rule of law enforced by the courts is [...] on which our constitution is based.'

Answer

the ultimate controlling factor

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Lord Hope said in R (Jackson): 'The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based.'

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In [ case ], Lord Templeman stated:

'... Parliament makes the law, the executive carry the law into effect and the judiciary enforce the law.'

Answer

M v Home Office [1993] 3 WLR 433

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In M v Home Office [1993] 3 WLR 433, Lord Templeman stated: '... Parliament makes the law, the executive carry the law into effect and the judiciary enforce the law.'

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In M v Home Office [1993] 3 WLR 433, [ who ] stated:

'... Parliament makes the law, the executive carry the law into effect and the judiciary enforce the law.'

Answer

Lord Templeman

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In M v Home Office [1993] 3 WLR 433, Lord Templeman stated: '... Parliament makes the law, the executive carry the law into effect and the judiciary enforce the law.'

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[ case ] Simms was a convicted murderer who claimed to be innocent. In seeking and receiving help from a journalist, he was interviewed on several occasions. A blanket ban was imposed by the Home Secretary on journalists using information gained during such interviews with prisoners. He claimed authority to do this under the Prison Rules. However, the court found the blanket ban to be unlawful.

Answer

R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115

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R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115 Simms was a convicted murderer who claimed to be innocent. In seeking and receiving help from a journalist, he was interviewed on several occasions. A blanket ban was imposed by the Ho

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R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115 Simms was a convicted murderer who claimed to be innocent. In seeking and receiving help from a journalist, he was interviewed on several occasions. A blanket ban was imposed by the Home Secretary on journalists using information gained during such interviews with prisoners. He claimed authority to do this under the Prison Rules. However, the court found the blanket ban to be [...].

Answer

unlawful

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ccasions. A blanket ban was imposed by the Home Secretary on journalists using information gained during such interviews with prisoners. He claimed authority to do this under the Prison Rules. However, the court found the blanket ban to be unlawful.<body><html>

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The principle of the rule of law can also be used by the judiciary to justify the [...], created by Parliament, in the interests of protecting individual liberties. This can be achieved through judicial interpretation of statutory provisions, incorporating common law (and now ECHR) notions of justice and fairness necessary to uphold democratic principles.

Answer

implication of restrictions on the scope of legislation

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The principle of the rule of law can also be used by the judiciary to justify the implication of restrictions on the scope of legislation, created by Parliament, in the interests of protecting individual liberties. This can be achieved through judicial interpretation of statutory provisions, incorporating common law (an

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The principle of the rule of law can also be used by the judiciary to justify the implication of restrictions on the scope of legislation, created by Parliament, in the interests of [...]. This can be achieved through judicial interpretation of statutory provisions, incorporating common law (and now ECHR) notions of justice and fairness necessary to uphold democratic principles.

Answer

protecting individual liberties

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In discussing the relationship between parliamentary sovereignty and the rule of law, [ who ] considered the principle of 'legality'. While acknowledging that ultimately the principle of parliamentary sovereignty meant that Parliament could enact legislation contrary to fundamental human rights, he nonetheless noted:

'But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts in the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document.'

Answer

Lord Hoffmann

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In discussing the relationship between parliamentary sovereignty and the rule of law, Lord Hoffmann considered the principle of 'legality'. While acknowledging that ultimately the principle of parliamentary sovereignty meant that Parliament could enact legislation contrary to fundament

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In discussing the relationship between parliamentary sovereignty and the rule of law, Lord Hoffmann considered the principle of '[...]'. While acknowledging that ultimately the principle of parliamentary sovereignty meant that Parliament could enact legislation contrary to fundamental human rights, he nonetheless noted:

'But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts in the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document.'

Answer

legality

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In discussing the relationship between parliamentary sovereignty and the rule of law, Lord Hoffmann considered the principle of 'legality'. While acknowledging that ultimately the principle of parliamentary sovereignty meant that Parliament could enact legislation contrary to fundamental human rights, he nonetheless noted:

'But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by [...]. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts in the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document.'

Answer

general or ambiguous words

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on contrary to fundamental human rights, he nonetheless noted: 'But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express languag

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'But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of [...] the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts in the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document.'

Answer

express language or necessary implication to the contrary,

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t. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts in the United Kingdom, though ackn

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'But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be [...]. In this way the courts in the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document.'

Answer

subject to the basic rights of the individual

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s of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts in the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in count

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The rule of law certainly operates as a [...] by requiring that the executive acts only on the basis of lawful authority, which is ultimately granted by Parliament.

Answer

check on executive power

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The rule of law certainly operates as a check on executive power by requiring that the executive acts only on the basis of lawful authority, which is ultimately granted by Parliament.

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The rule of law certainly operates as a check on executive power by requiring that the executive acts only [...], which is ultimately granted by Parliament.

Answer

on the basis of lawful authority

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The rule of law certainly operates as a check on executive power by requiring that the executive acts only on the basis of lawful authority, which is ultimately granted by Parliament.

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Significantly in recent years, one of the most notable trends in constitutional law has been a resurgence in interest and emphasis by the higher judiciary on what has come to be called ‘[...]’. This is the idea the common law is developing as an organic body of law which serves to protect individual rights and to uphold key principles, such as fairness, access to justice and accountability of government, effectively in tandem with the more formal rights associated with the European Convention.

Answer

common law constitutionalism

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Significantly in recent years, one of the most notable trends in constitutional law has been a resurgence in interest and emphasis by the higher judiciary on what has come to be called ‘common law constitutionalism’. This is the idea the common law is developing as an organic body of law which serves to protect individual rights and to uphold key principles, such as fairness, access to justice

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Significantly in recent years, one of the most notable trends in constitutional law has been a resurgence in interest and emphasis by the higher judiciary on what has come to be called ‘common law constitutionalism’. This is the idea the common law is [...] which serves to protect individual rights and to uphold key principles, such as fairness, access to justice and accountability of government, effectively in tandem with the more formal rights associated with the European Convention.

Answer

developing as an organic body of law

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y in recent years, one of the most notable trends in constitutional law has been a resurgence in interest and emphasis by the higher judiciary on what has come to be called ‘common law constitutionalism’. This is the idea the common law is developing as an organic body of law which serves to protect individual rights and to uphold key principles, such as fairness, access to justice and accountability of government, effectively in tandem with the more formal

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Significantly in recent years, one of the most notable trends in constitutional law has been a resurgence in interest and emphasis by the higher judiciary on what has come to be called ‘common law constitutionalism’. This is the idea the common law is developing as an organic body of law which serves to [...], such as fairness, access to justice and accountability of government, effectively in tandem with the more formal rights associated with the European Convention.

Answer

protect individual rights and to uphold key principles

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onstitutional law has been a resurgence in interest and emphasis by the higher judiciary on what has come to be called ‘common law constitutionalism’. This is the idea the common law is developing as an organic body of law which serves to protect individual rights and to uphold key principles, such as fairness, access to justice and accountability of government, effectively in tandem with the more formal rights associated with the European Convention.<body><

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a further highly contentious recent issue has been brought about by the passing of the [ statute ]. This is partly designed to introduce significant reductions in the scope of civil legal aid, including that for judicial review. It has been described by opponents, including the President of the Supreme Court, Lord Neuberger (in a highly critical televised BBC interview in March 2013), as a means of reducing access to justice and effectively strengthening the power of the state in relation to the individual.

Answer

Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA) 2012

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a further highly contentious recent issue has been brought about by the passing of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA) 2012. This is partly designed to introduce significant reductions in the scope of civil legal aid, including that for judicial review. It has been described by opponents, including the Pre

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a further highly contentious recent issue has been brought about by the passing of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA) 2012. This is partly designed to introduce significant reductions in the scope of civil legal aid, including that for judicial review. It has been described by opponents, including the President of the Supreme Court, Lord Neuberger (in a highly critical televised BBC interview in March 2013), as a means of [...] and effectively strengthening the power of the state in relation to the individual.

Answer

reducing access to justice

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the scope of civil legal aid, including that for judicial review. It has been described by opponents, including the President of the Supreme Court, Lord Neuberger (in a highly critical televised BBC interview in March 2013), as a means of reducing access to justice and effectively strengthening the power of the state in relation to the individual. <body><html>

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strengthening the power of the state in relation to the individual

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at for judicial review. It has been described by opponents, including the President of the Supreme Court, Lord Neuberger (in a highly critical televised BBC interview in March 2013), as a means of reducing access to justice and effectively strengthening the power of the state in relation to the individual. <body><html>

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Cases such as these and particularly that of Binyam Mohamed (above) have inspired further highly controversial changes in court procedure in the form of the [ statute ]. This Act makes some very significant changes in civil cases involving sensitive national security issues by extending the use of “Closed Material Procedure” which may allow the government to prevent evidence being relied upon from being disclosed to the opponent party. This arguably has very serious implications for key rule of law principles relating to the control of discretionary power, the importance of equality of arms before the law and the need for open and transparent justice.

Answer

Justice and Security Act 2013

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Cases such as these and particularly that of Binyam Mohamed (above) have inspired further highly controversial changes in court procedure in the form of the Justice and Security Act 2013. This Act makes some very significant changes in civil cases involving sensitive national security issues by extending the use of “Closed Material Procedure” which may allow the gover

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Cases such as these and particularly that of Binyam Mohamed (above) have inspired further highly controversial changes in court procedure in the form of the Justice and Security Act 2013. This Act makes some very significant changes in civil cases involving sensitive national security issues by extending the use of “[...]” which may allow the government to prevent evidence being relied upon from being disclosed to the opponent party. This arguably has very serious implications for key rule of law principles relating to the control of discretionary power, the importance of equality of arms before the law and the need for open and transparent justice.

Answer

Closed Material Procedure

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red further highly controversial changes in court procedure in the form of the Justice and Security Act 2013. This Act makes some very significant changes in civil cases involving sensitive national security issues by extending the use of “Closed Material Procedure” which may allow the government to prevent evidence being relied upon from being disclosed to the opponent party. This arguably has very serious implications for key rule of law princ

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Some further examples of judicial deference include the following.

[ case ] The Court of Appeal was unwilling to order reasons to be given to justify the deportation of an American journalist by the Home Secretary. Hosenball claimed that the decision to deport him had breached the rules of natural justice because the Home Secretary had not disclosed the grounds on which he considered him to be a security risk.

R v Secretary of State for the Home Department, ex parte Cheblak [1991] 2 All ER 319 In 1991, during the Gulf War, the Court of Appeal accepted the Home Secretary's determination that Cheblak's presence in the UK was not 'conducive to the public good', and refused to order Cheblak's release from detention pending his deportation. The Home Secretary was not required to specify the precise nature of the threat allegedly posed by Cheblak.

However, more recent cases suggest that the courts, in examining the choices made by the executive and legislature in response to emergency situations, will not necessarily continue to be so deferential.

Answer

R v Secretary of State for Home Affairs, ex parte Hosenball [1977] 3 All ER 452

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Some further examples of judicial deference include the following. R v Secretary of State for Home Affairs, ex parte Hosenball [1977] 3 All ER 452 The Court of Appeal was unwilling to order reasons to be given to justify the deportation of an American journalist by the Home Secretary. Hosenball claimed that the decision to deport h

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Some further examples of judicial deference include the following.

R v Secretary of State for Home Affairs, ex parte Hosenball [1977] 3 All ER 452 The Court of Appeal was unwilling to order reasons to be given to justify the deportation of an American journalist by the Home Secretary. Hosenball claimed that the decision to deport him had breached the rules of natural justice because the Home Secretary had not disclosed the grounds on which he considered him to be a security risk.

[ case ] In 1991, during the Gulf War, the Court of Appeal accepted the Home Secretary's determination that Cheblak's presence in the UK was not 'conducive to the public good', and refused to order Cheblak's release from detention pending his deportation. The Home Secretary was not required to specify the precise nature of the threat allegedly posed by Cheblak.

However, more recent cases suggest that the courts, in examining the choices made by the executive and legislature in response to emergency situations, will not necessarily continue to be so deferential.

Answer

R v Secretary of State for the Home Department, ex parte Cheblak [1991] 2 All ER 319

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ournalist by the Home Secretary. Hosenball claimed that the decision to deport him had breached the rules of natural justice because the Home Secretary had not disclosed the grounds on which he considered him to be a security risk. R v Secretary of State for the Home Department, ex parte Cheblak [1991] 2 All ER 319 In 1991, during the Gulf War, the Court of Appeal accepted the Home Secretary's determination that Cheblak's presence in the UK was not 'conducive to the public good', and refused to ord

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During emergencies, particularly during wartime, the courts have often been more reluctant to interfere with the exercise of discretionary power. This is whether the power arises from statute or is pursuant to the exercise of the royal prerogative (see Chapter 7).

In [ case ], the Home Secretary was empowered under Reg.18B of the Defence Regulations (issued under the Emergency Powers (Defence) Act 1939) to imprison any person if he had 'reasonable cause to believe' such a person had hostile intentions. Liversidge was detained without trial under this regulation and sued the Home Secretary for false imprisonment, claiming that 'reasonable cause to believe' imputed an objective factual standard.

The majority of the House of Lords disagreed, and accepted the Home Secretary's interpretation of the regulation. They held that there was no objective requirement, enabling him to take this action, as long as his belief was an honest one. Thus the courts could not inquire into the grounds for the detention, unless there was evidence to suggest that the Home Secretary had not acted in good faith.

In the minority was Lord Atkin. Famously accusing the majority of being 'more executive minded than the executive', he concluded that, had Parliament wished to give the Home Secretary unlimited discretion, it would not have qualified the grant of power with the word 'reasonable'. In his view, the word purported the existence of facts or a state of facts; therefore the Home Secretary needed to show some evidence for his justification.

While much criticised at the time, Lord Atkin's approach is much closer to current judicial orthodoxy. Even so, the courts have generally remained more cautious in interfering with the grant of wide discretionary powers in times of war or when national security is in issue. This is often described as an example of 'judicial deference'.

Answer

Liversidge v Anderson [1942] AC 206

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ing wartime, the courts have often been more reluctant to interfere with the exercise of discretionary power. This is whether the power arises from statute or is pursuant to the exercise of the royal prerogative (see Chapter 7). In Liversidge v Anderson [1942] AC 206, the Home Secretary was empowered under Reg.18B of the Defence Regulations (issued under the Emergency Powers (Defence) Act 1939) to imprison any person if he had 'reasonable cause to b

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If the rule of law is equated with adherence to the requirements of formal legality, as demonstrated in [ case ], the existence of a statutory authority will be deemed to be sufficient to justify governmental action. However, there are instances where the exercise of such statutory power has been seen to be incompatible with the rule of law if the nature of the power conferred is insufficiently limited. See, for instance, Lord Denning’s approach in the case of Inland Revenue Commissioners (Appellants) v Rossminster Ltd (Respondents) [1980] AC 952. This represents an example of an alternative approach adopted by some judges, namely to use the rule of law as a principle of interpretation. If this approach is followed, the rule of law takes on a more substantive quality. See also R v Somerset County Council, ex parte Fewings.

Answer

Entick v Carrington

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If the rule of law is equated with adherence to the requirements of formal legality, as demonstrated in Entick v Carrington, the existence of a statutory authority will be deemed to be sufficient to justify governmental action. However, there are instances where the exercise of such statutory power has bee

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If the rule of law is equated with adherence to the requirements of formal legality, as demonstrated in Entick v Carrington, the existence of a statutory authority will be deemed to be [...]. However, there are instances where the exercise of such statutory power has been seen to be incompatible with the rule of law if the nature of the power conferred is insufficiently limited. See, for instance, Lord Denning’s approach in the case of Inland Revenue Commissioners (Appellants) v Rossminster Ltd (Respondents) [1980] AC 952. This represents an example of an alternative approach adopted by some judges, namely to use the rule of law as a principle of interpretation. If this approach is followed, the rule of law takes on a more substantive quality. See also R v Somerset County Council, ex parte Fewings.

Answer

sufficient to justify governmental action

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If the rule of law is equated with adherence to the requirements of formal legality, as demonstrated in Entick v Carrington, the existence of a statutory authority will be deemed to be sufficient to justify governmental action. However, there are instances where the exercise of such statutory power has been seen to be incompatible with the rule of law if the nature of the power conferred is insufficiently limited. See, for instance, Lord Denning’s approach in the case of [ case ]. This represents an example of an alternative approach adopted by some judges, namely to use the rule of law as a principle of interpretation. If this approach is followed, the rule of law takes on a more substantive quality. See also R v Somerset County Council, ex parte Fewings.

Answer

Inland Revenue Commissioners (Appellants) v Rossminster Ltd (Respondents) [1980] AC 952

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there are instances where the exercise of such statutory power has been seen to be incompatible with the rule of law if the nature of the power conferred is insufficiently limited. See, for instance, Lord Denning’s approach in the case of Inland Revenue Commissioners (Appellants) v Rossminster Ltd (Respondents) [1980] AC 952. This represents an example of an alternative approach adopted by some judges, namely to use the rule of law as a principle of interpretation. If this approach is followed, the rule

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Looked at from a different perspective, it could be said that legal clarity is sometimes compromised through the operation of common law development. See the case of [ case ]

Answer

Shaw v DPP

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Looked at from a different perspective, it could be said that legal clarity is sometimes compromised through the operation of common law development. See the case of Shaw v DPP

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Another example of retrospective law-making came in the form of the [ statute ], which empowers the UK courts to punish war crimes committed by persons who were not subject to British jurisdiction at the time when the crimes were committed. Note, however, that while retrospective criminal legislation is prohibited by the ECHR, art 7, there is an exception: 'the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations'. The War Crimes Act 1991 comes within the scope of this exception.

Answer

War Crimes Act 1991

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Another example of retrospective law-making came in the form of the War Crimes Act 1991, which empowers the UK courts to punish war crimes committed by persons who were not subject to British jurisdiction at the time when the crimes were committed. Note, however, that

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Retrospective laws are also seen as incompatible with the rule of law. In [ case ] the House of Lords upheld a claim for compensation against the Crown in respect of damage done by British forces during wartime. To nullify the effect of this decision, the War Damage Act 1965 was passed, with retrospective effect, to deny entitlement to compensation.

Answer

Burmah Oil Co Ltd v Lord Advocate, [1965] AC 75

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Retrospective laws are also seen as incompatible with the rule of law. In Burmah Oil Co Ltd v Lord Advocate, [1965] AC 75 the House of Lords upheld a claim for compensation against the Crown in respect of damage done by British forces during wartime. To nullify the effect of this decision, the War Damage

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Retrospective laws are also seen as incompatible with the rule of law. In Burmah Oil Co Ltd v Lord Advocate, [1965] AC 75 the House of Lords upheld a claim for compensation against the Crown in respect of damage done by British forces during wartime. To nullify the effect of this decision, the [ statute ] was passed, with retrospective effect, to deny entitlement to compensation.

Answer

War Damage Act 1965

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e rule of law. In Burmah Oil Co Ltd v Lord Advocate, [1965] AC 75 the House of Lords upheld a claim for compensation against the Crown in respect of damage done by British forces during wartime. To nullify the effect of this decision, the War Damage Act 1965 was passed, with retrospective effect, to deny entitlement to compensation.<body><html>

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In [ case ] the European Court of Human Rights discussed certain qualities that must be fulfilled for law to meet this criteria. In the context of human rights law and the European Convention, this concept is often referred to as being 'prescribed by law'.

Answer

The Sunday Times v United Kingdom, (1979) 2 EHRR 245

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In The Sunday Times v United Kingdom, (1979) 2 EHRR 245 the European Court of Human Rights discussed certain qualities that must be fulfilled for law to meet this criteria. In the context of human rights law and the European Convention, thi

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When government is answerable under the law, the courts are empowered to make the authoritative determination of what the law is. In [ case ], the House of Lords had to determine whether the Crown (in this case the Home Secretary) had to obey a court order. Cases such as these, where the courts have carefully and deliberately examined government action and upheld the rule of law, clearly illustrate its aims and importance.

Answer

M v Home Office [1993] 3 WLR 433

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When government is answerable under the law, the courts are empowered to make the authoritative determination of what the law is. In M v Home Office [1993] 3 WLR 433, the House of Lords had to determine whether the Crown (in this case the Home Secretary) had to obey a court order. Cases such as these, where the courts have carefully and deliberate

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In [ case ], the Northern Ireland Court of Appeal refused to accept that British soldiers dealing with the emergency should be exempt from the normal legal requirements for the execution of a valid arrest just because of the security situation.

Answer

Kelly v Faulkner [1973] NI 31

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In Kelly v Faulkner [1973] NI 31, the Northern Ireland Court of Appeal refused to accept that British soldiers dealing with the emergency should be exempt from the normal legal requirements for the execution of a val

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One of the key aspects of the rule of law is [...]. This is based on the idea that those exercising power should have some legal justification for their actions and exercise their powers within the terms provided for by Parliament. Entick v Carrington (1765) 19 St Tr 1029 clearly illustrates this point.

Answer

the supremacy of regular law over arbitrary power

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One of the key aspects of the rule of law is the supremacy of regular law over arbitrary power. This is based on the idea that those exercising power should have some legal justification for their actions and exercise their powers within the terms provided for by Parliament.

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One of the key aspects of the rule of law is the supremacy of regular law over arbitrary power. This is based on the idea that those exercising power [...] and exercise their powers within the terms provided for by Parliament. Entick v Carrington (1765) 19 St Tr 1029 clearly illustrates this point.

Answer

should have some legal justification for their actions

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One of the key aspects of the rule of law is the supremacy of regular law over arbitrary power. This is based on the idea that those exercising power should have some legal justification for their actions and exercise their powers within the terms provided for by Parliament. [ case ] clearly illustrates this point.

Answer

Entick v Carrington (1765) 19 St Tr 1029

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law is the supremacy of regular law over arbitrary power. This is based on the idea that those exercising power should have some legal justification for their actions and exercise their powers within the terms provided for by Parliament. Entick v Carrington (1765) 19 St Tr 1029 clearly illustrates this point.<body><html>

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In an [...], Dicey stated that the rule of law has three meanings.
1. The supremacy of regular law over arbitrary power. 'We mean in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established before the ordinary courts of the land … It means … the absolute supremacy or predominance of regular law as opposed to the influence or arbitrary power, and excludes the existence or arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of the law, but he can be punished for nothing else.'
2. Equality before the law. 'We mean … when we speak of the "rule of law" as a characteristic of our country, not only that with us no man is above the law, but (what is a different thing) that here every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.'
3. No higher law other than the rights of individuals as determined through the courts. '… the general principles of the constitution (as for example the right to personal liberty, or the right of public meeting) are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts; whereas under many foreign constitutions the security (such as it is) given to the rights of individuals results, or appears to result, from the general principles of the constitution.'

Answer

Introduction to the Study of the Law of the Constitution (1885)

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In an Introduction to the Study of the Law of the Constitution (1885), Dicey stated that the rule of law has three meanings. 1. The supremacy of regular law over arbitrary power. 'We mean in the first place, that no man is punishable or can be lawful

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In an Introduction to the Study of the Law of the Constitution (1885), Dicey stated that the rule of law has three meanings.
1. [...]. 'We mean in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established before the ordinary courts of the land … It means … the absolute supremacy or predominance of regular law as opposed to the influence or arbitrary power, and excludes the existence or arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of the law, but he can be punished for nothing else.'
2. Equality before the law. 'We mean … when we speak of the "rule of law" as a characteristic of our country, not only that with us no man is above the law, but (what is a different thing) that here every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.'
3. No higher law other than the rights of individuals as determined through the courts. '… the general principles of the constitution (as for example the right to personal liberty, or the right of public meeting) are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts; whereas under many foreign constitutions the security (such as it is) given to the rights of individuals results, or appears to result, from the general principles of the constitution.'

Answer

The supremacy of regular law over arbitrary power

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In an Introduction to the Study of the Law of the Constitution (1885), Dicey stated that the rule of law has three meanings.
1. The supremacy of regular law over arbitrary power. 'We mean in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established before the ordinary courts of the land … It means … the absolute supremacy or predominance of regular law as opposed to the influence or arbitrary power, and excludes the existence or arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of the law, but he can be punished for nothing else.'
2. [...]. 'We mean … when we speak of the "rule of law" as a characteristic of our country, not only that with us no man is above the law, but (what is a different thing) that here every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.'
3. No higher law other than the rights of individuals as determined through the courts. '… the general principles of the constitution (as for example the right to personal liberty, or the right of public meeting) are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts; whereas under many foreign constitutions the security (such as it is) given to the rights of individuals results, or appears to result, from the general principles of the constitution.'

Answer

Equality before the law

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rerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of the law, but he can be punished for nothing else.' 2. Equality before the law. 'We mean … when we speak of the "rule of law" as a characteristic of our country, not only that with us no man is above the law, but (what is a different thing) that here eve

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In an Introduction to the Study of the Law of the Constitution (1885), Dicey stated that the rule of law has three meanings.
1. The supremacy of regular law over arbitrary power. 'We mean in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established before the ordinary courts of the land … It means … the absolute supremacy or predominance of regular law as opposed to the influence or arbitrary power, and excludes the existence or arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of the law, but he can be punished for nothing else.'
2. Equality before the law. 'We mean … when we speak of the "rule of law" as a characteristic of our country, not only that with us no man is above the law, but (what is a different thing) that here every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.'
3. [...]. '… the general principles of the constitution (as for example the right to personal liberty, or the right of public meeting) are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts; whereas under many foreign constitutions the security (such as it is) given to the rights of individuals results, or appears to result, from the general principles of the constitution.'

Answer

No higher law other than the rights of individuals as determined through the courts

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nly that with us no man is above the law, but (what is a different thing) that here every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.' 3. No higher law other than the rights of individuals as determined through the courts. '… the general principles of the constitution (as for example the right to personal liberty, or the right of public meeting) are with us the result of judicial decisions determining th

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[ who ], in his book The Rule of Law (Allen Lane 2010), attempted to define the concept: 'The core of the existing principle is that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publically administered in the courts.'

Answer

Lord Bingham

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Lord Bingham, in his book The Rule of Law (Allen Lane 2010), attempted to define the concept: 'The core of the existing principle is that all persons and authorities within the state, whether public or private, should be [...].'

Answer

bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publically administered in the courts

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Lord Bingham, in his book The Rule of Law (Allen Lane 2010), attempted to define the concept: 'The core of the existing principle is that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publically administered in the courts.' <html>

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'It is contrary to the general rule of law, not only in this country, but in every other, to [...] ... ' Justice Blackburn (later first Lord of Appeal in Ordinary) 1866

Answer

make a person judge in his own case

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'It is contrary to the general rule of law, not only in this country, but in every other, to make a person judge in his own case ... ' Justice Blackburn (later first Lord of Appeal in Ordinary) 1866

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'It is better for [...] ... so even the guardians of the laws are obeying the laws.' Aristotle (translated by Warrington) c. 350BC

Answer

the law to rule than one of the citizens

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'It is better for the law to rule than one of the citizens ... so even the guardians of the laws are obeying the laws.' Aristotle (translated by Warrington) c. 350BC

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'It is better for the law to rule than one of the citizens ... so even the guardians of the laws are obeying the laws.' [ who ] (translated by Warrington) c. 350BC

Answer

Aristotle

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'It is better for the law to rule than one of the citizens ... so even the guardians of the laws are obeying the laws.' Aristotle (translated by Warrington) c. 350BC

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The rule of law is the principle that those exercising a governmental function should not be able to [...], but rather be subject to legal controls.

'… powers exercised by politicians must have a legitimate foundation ... based on authority conferred by law.' Professor De Smith 1959

Answer

exercise power arbitrarily

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The rule of law is the principle that those exercising a governmental function should not be able to exercise power arbitrarily, but rather be subject to legal controls. '… powers exercised by politicians must have a legitimate foundation ... based on authority conferred by law.' Professor De Smith

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The rule of law is the principle that those exercising a governmental function should not be able to exercise power arbitrarily, but rather be [...].

'… powers exercised by politicians must have a legitimate foundation ... based on authority conferred by law.' Professor De Smith 1959

Answer

subject to legal controls

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In relation to the EU, it can be said that the UK Parliament has [...] by enacting the European Communities Act 1972. There is direct applicability and enforceability of Community law within the English legal system. Some argue that this has only a limited effect, in that the ECA 1972, like any other statute, can be repealed at any time. As such it is not fully entrenched. Once repealed, Parliament would have restored its full sovereign powers.

Answer

voluntarily forfeited or shared some of its sovereignty

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In relation to the EU, it can be said that the UK Parliament has voluntarily forfeited or shared some of its sovereignty by enacting the European Communities Act 1972. There is direct applicability and enforceability of Community law within the English legal system. Some argue that this has only a limite

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In relation to the EU, it can be said that the UK Parliament has voluntarily forfeited or shared some of its sovereignty by enacting the [ statute ]. There is direct applicability and enforceability of Community law within the English legal system. Some argue that this has only a limited effect, in that the ECA 1972, like any other statute, can be repealed at any time. As such it is not fully entrenched. Once repealed, Parliament would have restored its full sovereign powers.

Answer

European Communities Act 1972

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As we have seen above, a similar line to that taken by Lord Steyn was pursued by Lord Hope (who also sat in Jackson) in the significant case of [ case ]. Although this case related to the different status of Acts of the Scottish Parliament, Lord Hope suggested that the courts could review a statute that might be seen to violate the rule of law, commenting that:

'The question whether the principle of the sovereignty of the United Kingdom Parliament is absolute or may be subject to limitation in exceptional circumstances is still under discussion.'

Answer

AXA General Insurance Ltd v The Scottish Ministers [2011] UKSC 46

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As we have seen above, a similar line to that taken by Lord Steyn was pursued by Lord Hope (who also sat in Jackson) in the significant case of AXA General Insurance Ltd v The Scottish Ministers [2011] UKSC 46. Although this case related to the different status of Acts of the Scottish Parliament, Lord Hope suggested that the courts could review a statute that might be seen to violate the rule

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As we have seen above, a similar line to that taken by Lord Steyn was pursued by Lord Hope (who also sat in Jackson) in the significant case of AXA General Insurance Ltd v The Scottish Ministers [2011] UKSC 46. Although this case related to the different status of Acts of the Scottish Parliament, Lord Hope suggested that the courts could review a statute that [...], commenting that:

'The question whether the principle of the sovereignty of the United Kingdom Parliament is absolute or may be subject to limitation in exceptional circumstances is still under discussion.'

Answer

might be seen to violate the rule of law

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the significant case of AXA General Insurance Ltd v The Scottish Ministers [2011] UKSC 46. Although this case related to the different status of Acts of the Scottish Parliament, Lord Hope suggested that the courts could review a statute that might be seen to violate the rule of law, commenting that: 'The question whether the principle of the sovereignty of the United Kingdom Parliament is absolute or may be subject to limitation in exceptional circums

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The interesting development of Laws' ideas in [ case ], developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important than others.

Answer

Thoburn

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The interesting development of Laws' ideas in Thoburn, developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws

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The interesting development of [ who ]' ideas in Thoburn, developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important than others.

Answer

Laws

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The interesting development of Laws' ideas in Thoburn, developed by the Supreme Court in the [ case ] case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important than others.

Answer

HS2

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The interesting development of Laws' ideas in Thoburn, developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between [...] statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important than others.

Answer

'constitutional' and 'ordinary'

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s in Thoburn, developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that

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The interesting development of Laws' ideas in Thoburn, developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the [ statute ] – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important than others.

Answer

Bill of Rights 1689, article 9

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complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important

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The interesting development of Laws' ideas in Thoburn, developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some [...].

Answer

constitutional statutes or norms may be considered more important than others

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that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important than others.<body><html>

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In [ case ], Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

Thoburn

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In Thoburn, Laws LJ put forward the idea that: '… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … W

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In Thoburn, [ who ] put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

Laws LJ

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as [...] … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

constitutional or fundamental

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In Thoburn, Laws LJ put forward the idea that: '… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a [...]: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

hierarchy of Acts of Parliament

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><head>In Thoburn, Laws LJ put forward the idea that: '… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between cit

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were [...] … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

"ordinary" statutes and "constitutional" statutes

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J put forward the idea that: '… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes th

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) [...], or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

conditions the legal relationship between citizen and State in some general overarching manner

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be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) [...] … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights

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as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be [...]. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

impliedly repealed

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would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or pres

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may [...]. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.'

Answer

not

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ights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect th

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In Thoburn, Laws LJ put forward the idea that:

'… the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental … We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional" statutes … In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and State in some general overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights … Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts, the HRA, the Scotland Act 1998. The ECA clearly belongs in this family. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by [...] in the later statute.'

Answer

express words

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the repeal of a Constitutional Act … the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute.' <body><html>

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The [ case ] decision gives strong support to the view that the traditional doctrine of implied repeal has been extinguished as far as EU rights are concerned. Repeal of the ECA 1972, s 2(4) would have to be express in order for the courts to give effect to it.

Answer

Factortame

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The Factortame decision gives strong support to the view that the traditional doctrine of implied repeal has been extinguished as far as EU rights are concerned. Repeal of the ECA 1972, s 2(4) would

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The Factortame decision gives strong support to the view that [...]. Repeal of the ECA 1972, s 2(4) would have to be express in order for the courts to give effect to it.

Answer

the traditional doctrine of implied repeal has been extinguished as far as EU rights are concerned

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The Effects of Factortame This case has been cited as one of the most important and fundamental in constitutional law. It appeared that the courts could now [...], if it conflicted with Community aw. This caused much consternation at the time in Parliament and was seen as an infringement on its sovereignty. Parliament's intention had clearly been to prevent the Spanish trawler owners using UK quotas, and this had not been allowed by the courts, because it breached Community law.

Answer

suspend an Act of Parliament (at least temporarily)

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The Effects of Factortame This case has been cited as one of the most important and fundamental in constitutional law. It appeared that the courts could now suspend an Act of Parliament (at least temporarily), if it conflicted with Community aw. This caused much consternation at the time in Parliament and was seen as an infringement on its sovereignty. Parliament's intention had clearly be

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The Effects of Factortame This case has been cited as one of the most important and fundamental in constitutional law. It appeared that the courts could now suspend an Act of Parliament (at least temporarily), if it conflicted with Community aw. This caused much consternation at the time in Parliament and was seen as [...]. Parliament's intention had clearly been to prevent the Spanish trawler owners using UK quotas, and this had not been allowed by the courts, because it breached Community law.

Answer

an infringement on its sovereignty

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and fundamental in constitutional law. It appeared that the courts could now suspend an Act of Parliament (at least temporarily), if it conflicted with Community aw. This caused much consternation at the time in Parliament and was seen as an infringement on its sovereignty. Parliament's intention had clearly been to prevent the Spanish trawler owners using UK quotas, and this had not been allowed by the courts, because it breached Community law.

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Other commentators were surprised it had taken so long for such a judgment to arrive. Lord Bridge in Factortame (No 2) said that the logic of the case should not have come as a surprise, as the doctrine of primacy of EU law was well known at the time of UK accession in 1973 (see [ case ]).

Answer

Costa v ENEL [1964] ECR 585

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taken so long for such a judgment to arrive. Lord Bridge in Factortame (No 2) said that the logic of the case should not have come as a surprise, as the doctrine of primacy of EU law was well known at the time of UK accession in 1973 (see Costa v ENEL [1964] ECR 585).<body><html>

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Other commentators were surprised it had taken so long for such a judgment to arrive. Lord Bridge in Factortame (No 2) said that the logic of the case should not have come as a surprise, as the doctrine of [...] was well known at the time of UK accession in 1973 (see Costa v ENEL [1964] ECR 585).

Answer

primacy of EU law

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ml>Other commentators were surprised it had taken so long for such a judgment to arrive. Lord Bridge in Factortame (No 2) said that the logic of the case should not have come as a surprise, as the doctrine of primacy of EU law was well known at the time of UK accession in 1973 (see Costa v ENEL [1964] ECR 585).<html>

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In [ case ], Lord Denning MR considered that he was obliged to construe the statute purposively because of the ECA 1972, s 2(4). He concluded that this subsection had effectively abolished the doctrine of implied repeal in so far as Community law was concerned.

Answer

Macarthy's Ltd v Smith [1981] QB 180

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In Macarthy's Ltd v Smith [1981] QB 180, Lord Denning MR considered that he was obliged to construe the statute purposively because of the ECA 1972, s 2(4). He concluded that this subsection had effectively abolished the do

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In Macarthy's Ltd v Smith [1981] QB 180, Lord Denning MR considered that he was obliged to construe the statute [...] because of the ECA 1972, s 2(4). He concluded that this subsection had effectively abolished the doctrine of implied repeal in so far as Community law was concerned.

Answer

purposively

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In Macarthy's Ltd v Smith [1981] QB 180, Lord Denning MR considered that he was obliged to construe the statute purposively because of the [ statute ]. He concluded that this subsection had effectively abolished the doctrine of implied repeal in so far as Community law was concerned.

Answer

ECA 1972, s 2(4)

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In Macarthy's Ltd v Smith [1981] QB 180, Lord Denning MR considered that he was obliged to construe the statute purposively because of the ECA 1972, s 2(4). He concluded that this subsection had effectively [...] in so far as Community law was concerned.

Answer

abolished the doctrine of implied repeal

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ml>In Macarthy's Ltd v Smith [1981] QB 180, Lord Denning MR considered that he was obliged to construe the statute purposively because of the ECA 1972, s 2(4). He concluded that this subsection had effectively abolished the doctrine of implied repeal in so far as Community law was concerned.<html>

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In [ case ], Lord Diplock seemed to suggest that the courts could adopt a wide, purposive, interpretive approach to statutes but only in so far as the words could bear the EU meaning.

'… it is a principle of construction of United Kingdom statutes, now too well established … that the words of a statute passed after [a] Treaty has been signed and dealing with the subject matter of [an] international obligation of the United Kingdom, are to be construed, if they are reasonably capable of bearing such a meaning, as intended to carry out the obligation, and not to be inconsistent with it.'

Answer

Garland v British Rail Engineering Ltd [1983] 2 AC 751

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In Garland v British Rail Engineering Ltd [1983] 2 AC 751, Lord Diplock seemed to suggest that the courts could adopt a wide, purposive, interpretive approach to statutes but only in so far as [...].

'… it is a principle of construction of United Kingdom statutes, now too well established … that the words of a statute passed after [a] Treaty has been signed and dealing with the subject matter of [an] international obligation of the United Kingdom, are to be construed, if they are reasonably capable of bearing such a meaning, as intended to carry out the obligation, and not to be inconsistent with it.'

Answer

the words could bear the EU meaning

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In Garland v British Rail Engineering Ltd [1983] 2 AC 751, Lord Diplock seemed to suggest that the courts could adopt a wide, purposive, interpretive approach to statutes but only in so far as the words could bear the EU meaning. '… it is a principle of construction of United Kingdom statutes, now too well established … that the words of a statute passed after [a] Treaty has been signed and dealing

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In Garland v British Rail Engineering Ltd [1983] 2 AC 751, Lord Diplock seemed to suggest that the courts could adopt a [...] but only in so far as the words could bear the EU meaning.

'… it is a principle of construction of United Kingdom statutes, now too well established … that the words of a statute passed after [a] Treaty has been signed and dealing with the subject matter of [an] international obligation of the United Kingdom, are to be construed, if they are reasonably capable of bearing such a meaning, as intended to carry out the obligation, and not to be inconsistent with it.'

Answer

wide, purposive, interpretive approach to statutes

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Lord Denning, in Bulmer v Bollinger [1974] 2 All ER 1226, described the effect of the ECA 1972 as follows:

'When we come to matters with a European element the Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back ... Parliament has decreed that the Treaty is henceforward to be part of our Law. It is [...].'

Answer

equal in force to any Statute

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When we come to matters with a European element the Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back ... Parliament has decreed that the Treaty is henceforward to be part of our Law. It is equal in force to any Statute.' <body><html>

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Despite formally agreeing with this creative interpretation of the Youth Justice and Criminal Evidence Act 1999, s 41, Lord Hope felt that the general comments made by Lord Steyn on the scope of the HRA 1998, s 3 were constitutionally questionable. He accepted that the rule of construction laid down by the HRA 1998, s 3 was 'quite unlike any previous rule of statutory interpretation'. However, he felt that the rule was one 'of [...]' and did not give the judiciary the right to act as legislators, a role that should be reserved solely for Parliament.

Answer

interpretation only

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of the HRA 1998, s 3 were constitutionally questionable. He accepted that the rule of construction laid down by the HRA 1998, s 3 was 'quite unlike any previous rule of statutory interpretation'. However, he felt that the rule was one 'of interpretation only' and did not give the judiciary the right to act as legislators, a role that should be reserved solely for Parliament.<body><html>

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Despite formally agreeing with this creative interpretation of the Youth Justice and Criminal Evidence Act 1999, s 41, Lord Hope felt that the general comments made by Lord Steyn on the scope of the HRA 1998, s 3 were constitutionally questionable. He accepted that the rule of construction laid down by the HRA 1998, s 3 was 'quite unlike any previous rule of statutory interpretation'. However, he felt that the rule was one 'of interpretation only' and did not give the judiciary [...], a role that should be reserved solely for Parliament.

Answer

the right to act as legislators

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ble. He accepted that the rule of construction laid down by the HRA 1998, s 3 was 'quite unlike any previous rule of statutory interpretation'. However, he felt that the rule was one 'of interpretation only' and did not give the judiciary the right to act as legislators, a role that should be reserved solely for Parliament.<body><html>

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Despite formally agreeing with this creative interpretation of the Youth Justice and Criminal Evidence Act 1999, s 41, [who] felt that the general comments made by Lord Steyn on the scope of the HRA 1998, s 3 were constitutionally questionable. He accepted that the rule of construction laid down by the HRA 1998, s 3 was 'quite unlike any previous rule of statutory interpretation'. However, he felt that the rule was one 'of interpretation only' and did not give the judiciary the right to act as legislators, a role that should be reserved solely for Parliament.

Answer

Lord Hope

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Despite formally agreeing with this creative interpretation of the Youth Justice and Criminal Evidence Act 1999, s 41, Lord Hope felt that the general comments made by Lord Steyn on the scope of the HRA 1998, s 3 were constitutionally questionable. He accepted that the rule of construction laid down by the HRA 1

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Despite formally agreeing with this creative interpretation of the Youth Justice and Criminal Evidence Act 1999, s 41, Lord Hope felt that the general comments made by [ who ] on the scope of the HRA 1998, s 3 were constitutionally questionable. He accepted that the rule of construction laid down by the HRA 1998, s 3 was 'quite unlike any previous rule of statutory interpretation'. However, he felt that the rule was one 'of interpretation only' and did not give the judiciary the right to act as legislators, a role that should be reserved solely for Parliament.

Answer

Lord Steyn

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[ case ], a case concerning the admissibility of evidence in a rape trial, the law lords arguably seemed prepared to transform the meaning of the relevant legislation through use of the very strong interpretive power given to them by the HRA 1998, s 3(1). Lord Steyn, giving the main judgment, stated:

'After all it is realistic to proceed on the basis that the legislature would not if alerted to the problem have wished to deny the right to an accused to put forward a full and complete defence … It is therefore possible under section 3 to read section 41 … as subject to the implied provision that evidence or questioning which is required to ensure a fair trial under Article 6 of the Convention should not be treated as inadmissible.'

Answer

R v A (Complainant's Sexual History) [2002] 1 AC 45

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R v A (Complainant's Sexual History) [2002] 1 AC 45, a case concerning the admissibility of evidence in a rape trial, the law lords arguably seemed prepared to [...] through use of the very strong interpretive power given to them by the HRA 1998, s 3(1). Lord Steyn, giving the main judgment, stated:

'After all it is realistic to proceed on the basis that the legislature would not if alerted to the problem have wished to deny the right to an accused to put forward a full and complete defence … It is therefore possible under section 3 to read section 41 … as subject to the implied provision that evidence or questioning which is required to ensure a fair trial under Article 6 of the Convention should not be treated as inadmissible.'

Answer

transform the meaning of the relevant legislation

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R v A (Complainant's Sexual History) [2002] 1 AC 45, a case concerning the admissibility of evidence in a rape trial, the law lords arguably seemed prepared to transform the meaning of the relevant legislation through use of the very strong interpretive power given to them by the HRA 1998, s 3(1). Lord Steyn, giving the main judgment, stated: 'After all it is realistic to proceed

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In the case of [ case ] the Supreme Court had an opportunity to review the legal relationship between Westminster and the Scottish Parliament when considering whether an Act of the Scottish Parliament was susceptible to judicial review. The resolution of the issue turned upon the constitutional status of the Scottish Parliament and whether it should be regarded as a delegated legislature (akin to a local authority), or as a political equal (albeit without sovereign status) with powers shared with Westminster. In the circumstances, Lords Hope and Reed considered that review of Acts of the Scottish Parliament on the normal grounds of judicial review was not appropriate, as they clearly regarded Acts of the Scottish Parliament as a species of primary, rather than delegated legislation. Nevertheless, both agreed that Acts of the Scottish Parliament of a kind that violated the rule of law would not be upheld by the courts. The justification for this was Lord Hope's previously stated view in the Jackson case that 'the rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based'.

Answer

AXA General Insurance Ltd v Lord Advocate, [2011] UKSC 46

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In the case of AXA General Insurance Ltd v Lord Advocate, [2011] UKSC 46 the Supreme Court had an opportunity to review the legal relationship between Westminster and the Scottish Parliament when considering whether an Act of the Scottish Parliament was su

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Although arguably of great constitutional significance, the Human Rights Act 1998 (HRA 1998) does not mark any formal reduction in the legal sovereignty of Parliament. This is for two main reasons. First, it [...], but only to make a non-binding declaration that an Act is incompatible with the European Convention on Human Rights (the Convention) under the HRA 1998, s 4. This provision was specifically designed to maintain the sovereignty of Parliament. Second, the Human Rights Act is itself only an ordinary Act which is capable of express repeal by ordinary legislation.

Answer

does not empower the courts to strike down primary legislation

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>Although arguably of great constitutional significance, the Human Rights Act 1998 (HRA 1998) does not mark any formal reduction in the legal sovereignty of Parliament. This is for two main reasons. First, it does not empower the courts to strike down primary legislation, but only to make a non-binding declaration that an Act is incompatible with the European Convention on Human Rights (the Convention) under the HRA 1998, s 4. This provision was spec

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Although arguably of great constitutional significance, the Human Rights Act 1998 (HRA 1998) does not mark any formal reduction in the legal sovereignty of Parliament. This is for two main reasons. First, it does not empower the courts to strike down primary legislation, but only to make a non-binding declaration that an Act is incompatible with the European Convention on Human Rights (the Convention) under the HRA 1998, s 4. This provision was specifically designed to maintain the sovereignty of Parliament. Second, the Human Rights Act is itself only an [...] which is capable of express repeal by ordinary legislation.

Answer

ordinary Act

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n Act is incompatible with the European Convention on Human Rights (the Convention) under the HRA 1998, s 4. This provision was specifically designed to maintain the sovereignty of Parliament. Second, the Human Rights Act is itself only an ordinary Act which is capable of express repeal by ordinary legislation.<body><html>

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Although arguably of great constitutional significance, the Human Rights Act 1998 (HRA 1998) does not mark any formal reduction in the legal sovereignty of Parliament. This is for two main reasons. First, it does not empower the courts to strike down primary legislation, but only to make a non-binding declaration that an Act is incompatible with the European Convention on Human Rights (the Convention) under the HRA 1998, s 4. This provision was specifically designed to maintain the sovereignty of Parliament. Second, the Human Rights Act is itself only an ordinary Act which is capable of [...].

Answer

express repeal by ordinary legislation

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ropean Convention on Human Rights (the Convention) under the HRA 1998, s 4. This provision was specifically designed to maintain the sovereignty of Parliament. Second, the Human Rights Act is itself only an ordinary Act which is capable of express repeal by ordinary legislation.<body><html>

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The Scotland Act 1998 gave the new Scottish Parliament the right to legislate in relation to a number of issues. However, the [ statute ] specifically provides that there be no reduction in the legal sovereignty of Westminster to legislate for Scotland if it is considered desirable to do so.

Answer

Scotland Act 1998, s 28(7)

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The Scotland Act 1998 gave the new Scottish Parliament the right to legislate in relation to a number of issues. However, the Scotland Act 1998, s 28(7) specifically provides that there be no reduction in the legal sovereignty of Westminster to legislate for Scotland if it is considered desirable to do so.

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The Scotland Act 1998 gave the new Scottish Parliament the right to legislate in relation to a number of issues. However, the Scotland Act 1998, s 28(7) specifically provides that there be no reduction in the legal sovereignty of Westminster to legislate for Scotland if [...].

Answer

it is considered desirable to do so

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new Scottish Parliament the right to legislate in relation to a number of issues. However, the Scotland Act 1998, s 28(7) specifically provides that there be no reduction in the legal sovereignty of Westminster to legislate for Scotland if it is considered desirable to do so.<body><html>

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Answer

no reduction in the legal sovereignty of Westminster to legislate for Scotland

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[ case ] In this case Wauchope claimed to have been unlawfully denied his property rights as the result of a statute that had been passed. He claimed that he had not been given proper notice of the impending legislation (in accordance with existing parliamentary standing orders, which were designed to protect affected landowners prior to an enactment). However, the court rejected his argument that the procedural irregularity could render the Act void. Lord Campbell stated:

'… all that a court of justice can look to is the parliamentary roll; they see that an Act has passed both Houses of Parliament, and that it has received the royal assent, and no court of justice can inquire into the manner in which it was introduced into Parliament, what was done previously to its being introduced, or what passed in Parliament during the various stages of its progress through both Houses …'

Answer

Edinburgh and Dalkeith Railway v Wauchope (1842) 8 ER 279 (HL)

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Edinburgh and Dalkeith Railway v Wauchope (1842) 8 ER 279 (HL) In this case Wauchope claimed to have been unlawfully denied his property rights as the result of a statute that had been passed. He claimed that he had not been given proper notice of t

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Edinburgh and Dalkeith Railway v Wauchope (1842) 8 ER 279 (HL) In this case Wauchope claimed to have been unlawfully denied his property rights as the result of a statute that had been passed. He claimed that he had not been given proper notice of the impending legislation (in accordance with existing parliamentary standing orders, which were designed to protect affected landowners prior to an enactment). However, the court rejected his argument that [...]. Lord Campbell stated:

'… all that a court of justice can look to is the parliamentary roll; they see that an Act has passed both Houses of Parliament, and that it has received the royal assent, and no court of justice can inquire into the manner in which it was introduced into Parliament, what was done previously to its being introduced, or what passed in Parliament during the various stages of its progress through both Houses …'

Answer

the procedural irregularity could render the Act void

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had not been given proper notice of the impending legislation (in accordance with existing parliamentary standing orders, which were designed to protect affected landowners prior to an enactment). However, the court rejected his argument that the procedural irregularity could render the Act void. Lord Campbell stated: '… all that a court of justice can look to is the parliamentary roll; they see that an Act has passed both Houses of Parliament, and that it has rece

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'… all that a court of justice can look to is the parliamentary roll; they see that an Act has passed both Houses of Parliament, and that it has received the royal assent, and [...], what was done previously to its being introduced, or what passed in Parliament during the various stages of its progress through both Houses …'

Answer

no court of justice can inquire into the manner in which it was introduced into Parliament

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rity could render the Act void. Lord Campbell stated: '… all that a court of justice can look to is the parliamentary roll; they see that an Act has passed both Houses of Parliament, and that it has received the royal assent, and no court of justice can inquire into the manner in which it was introduced into Parliament, what was done previously to its being introduced, or what passed in Parliament during the various stages of its progress through both Houses …' <body></html

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This issue came to the fore once more following the enactment of the European Union Act 2011, which introduced a 'referendum lock', a statutory framework requiring a national referendum to be held before further amendments can be made to the founding Treaties of the European Union. This followed on from the coalition government's pledge to obtain popular approval for any further transfer of sovereignty or powers to EU institutions. The referendum lock provision in the Act seemed to extend this pledge beyond the last Parliament by creating [...].

Answer

a manner and form requirement, which arguably binds future governments

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he coalition government's pledge to obtain popular approval for any further transfer of sovereignty or powers to EU institutions. The referendum lock provision in the Act seemed to extend this pledge beyond the last Parliament by creating a manner and form requirement, which arguably binds future governments. <body><html>

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The orthodox Diceyan view of sovereignty is that, while a Parliament could pass a statute that required a special procedure for its amendment or repeal, this requirement would [...]. Furthermore, the courts would not entertain a challenge to the subsequent incompatible statute because of the 'enrolled bill rule' laid down in Pickin v British Railways Board [1974] AC 765

Answer

not be binding on a successor Parliament

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The orthodox Diceyan view of sovereignty is that, while a Parliament could pass a statute that required a special procedure for its amendment or repeal, this requirement would not be binding on a successor Parliament. Furthermore, the courts would not entertain a challenge to the subsequent incompatible statute because of the 'enrolled bill rule' laid down in Pickin v British Railways Board [1974]

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The orthodox Diceyan view of sovereignty is that, while a Parliament could pass a statute that required a special procedure for its amendment or repeal, this requirement would not be binding on a successor Parliament. Furthermore, the courts would not entertain a challenge to the subsequent incompatible statute because of the '[...]' laid down in Pickin v British Railways Board [1974] AC 765

Answer

enrolled bill rule

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that required a special procedure for its amendment or repeal, this requirement would not be binding on a successor Parliament. Furthermore, the courts would not entertain a challenge to the subsequent incompatible statute because of the 'enrolled bill rule' laid down in Pickin v British Railways Board [1974] AC 765<body><html>

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Pickin v British Railways Board [1974] AC 765

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e for its amendment or repeal, this requirement would not be binding on a successor Parliament. Furthermore, the courts would not entertain a challenge to the subsequent incompatible statute because of the 'enrolled bill rule' laid down in Pickin v British Railways Board [1974] AC 765<body><html>

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For this reason, some later judges have doubted their views. Manuel v Attorney General [1983] Ch 77 concerned an amendment to the Constitution of Canada by an Act of Parliament. Megarry VC clearly re-stated the orthodox view of sovereignty.

'I have grave doubts about the theory of the transfer of sovereignty as affecting the competence of parliament. In my view, it is a fundamental of the English constitution that parliament is supreme. As a matter of law the courts of England recognise parliament as being [...]. Under the authority of parliament the courts of a territory may be released from their legal duty to obey parliament, but that does not touch on the acceptance by the English courts of all that parliament does. Nor must validity in law be confused with practical enforceability.'

Answer

omnipotent in all save the power to destroy its own omnipotence

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he theory of the transfer of sovereignty as affecting the competence of parliament. In my view, it is a fundamental of the English constitution that parliament is supreme. As a matter of law the courts of England recognise parliament as being omnipotent in all save the power to destroy its own omnipotence. Under the authority of parliament the courts of a territory may be released from their legal duty to obey parliament, but that does not touch on the acceptance by the English courts of

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For this reason, some later judges have doubted their views. Manuel v Attorney General [1983] Ch 77 concerned an amendment to the Constitution of Canada by an Act of Parliament. [who] clearly re-stated the orthodox view of sovereignty.

'I have grave doubts about the theory of the transfer of sovereignty as affecting the competence of parliament. In my view, it is a fundamental of the English constitution that parliament is supreme. As a matter of law the courts of England recognise parliament as being omnipotent in all save the power to destroy its own omnipotence. Under the authority of parliament the courts of a territory may be released from their legal duty to obey parliament, but that does not touch on the acceptance by the English courts of all that parliament does. Nor must validity in law be confused with practical enforceability.'

Answer

Megarry VC

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For this reason, some later judges have doubted their views. Manuel v Attorney General [1983] Ch 77 concerned an amendment to the Constitution of Canada by an Act of Parliament. Megarry VC clearly re-stated the orthodox view of sovereignty. 'I have grave doubts about the theory of the transfer of sovereignty as affecting the competence of parliament. In my vie

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In Blackburn v Attorney General [1971] 1 WLR, a case concerning UK membership of the European Community, the issue of the limits on Parliamentary sovereignty was discussed again. Lord Denning highlighted the distinction between [...].

'We have all been brought up to believe that, in legal theory, one parliament cannot bind another and that no act is irreversible. But legal theory does not always march alongside political reality. Take the Statute of Westminster 1931 ... Can anyone imagine that Parliament could or would reverse that statute? Take the Acts which have granted independence to the Dominions....Can anyone imagine that parliament could or would reverse those laws and take away their independence? Most clearly not. Freedom once given cannot be taken away. Legal theory must give way to practical politics.'

Answer

legal and political theory

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dy>In Blackburn v Attorney General [1971] 1 WLR, a case concerning UK membership of the European Community, the issue of the limits on Parliamentary sovereignty was discussed again. Lord Denning highlighted the distinction between legal and political theory. 'We have all been brought up to believe that, in legal theory, one parliament cannot bind another and that no act is irreversible. But legal theory does not always march a

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'We have all been brought up to believe that, in legal theory, one parliament cannot bind another and that no act is irreversible. But legal theory does not always march alongside political reality. Take the Statute of Westminster 1931 ... Can anyone imagine that Parliament could or would reverse that statute? Take the Acts which have granted independence to the Dominions....Can anyone imagine that parliament could or would reverse those laws and take away their independence? Most clearly not. Freedom once given cannot be taken away. Legal theory must [...].'

Answer

give way to practical politics

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e the Acts which have granted independence to the Dominions....Can anyone imagine that parliament could or would reverse those laws and take away their independence? Most clearly not. Freedom once given cannot be taken away. Legal theory must give way to practical politics.' <body><html>

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In Blackburn v Attorney General [1971] 1 WLR, a case concerning UK membership of the European Community, the issue of the limits on Parliamentary sovereignty was discussed again. [ who ] highlighted the distinction between legal and political theory.

'We have all been brought up to believe that, in legal theory, one parliament cannot bind another and that no act is irreversible. But legal theory does not always march alongside political reality. Take the Statute of Westminster 1931 ... Can anyone imagine that Parliament could or would reverse that statute? Take the Acts which have granted independence to the Dominions....Can anyone imagine that parliament could or would reverse those laws and take away their independence? Most clearly not. Freedom once given cannot be taken away. Legal theory must give way to practical politics.'

Answer

Lord Denning

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In Blackburn v Attorney General [1971] 1 WLR, a case concerning UK membership of the European Community, the issue of the limits on Parliamentary sovereignty was discussed again. Lord Denning highlighted the distinction between legal and political theory. 'We have all been brought up to believe that, in legal theory, one parliament cannot bind another and that no

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In [ case ], a case concerning the ability of Parliament to legislate for Canada in breach of the Statute of Westminster, s 4, Lord Sankey said:

'It is doubtless true that the power of the Imperial [i.e. Westminster] Parliament to pass on its own initiative any legislation that it thought fit extending to Canada remains in theory unimpaired: indeed, the Imperial Parliament could, as a matter of abstract law, repeal or disregard s 4 of the Statute ... But that is theory and has no relation to realities.'

Answer

British Coal Corporation v The King [1935] AC 500

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In British Coal Corporation v The King [1935] AC 500, a case concerning the ability of Parliament to legislate for Canada in breach of the Statute of Westminster, s 4, [ who ] said:

'It is doubtless true that the power of the Imperial [i.e. Westminster] Parliament to pass on its own initiative any legislation that it thought fit extending to Canada remains in theory unimpaired: indeed, the Imperial Parliament could, as a matter of abstract law, repeal or disregard s 4 of the Statute ... But that is theory and has no relation to realities.'

Answer

Lord Sankey

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In British Coal Corporation v The King [1935] AC 500, a case concerning the ability of Parliament to legislate for Canada in breach of the Statute of Westminster, s 4, Lord Sankey said: 'It is doubtless true that the power of the Imperial [i.e. Westminster] Parliament to pass on its own initiative any legislation that it thought fit extending to Canad

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In British Coal Corporation v The King [1935] AC 500, a case concerning the ability of Parliament to legislate for Canada in breach of the Statute of Westminster, s 4, Lord Sankey said:

'It is doubtless true that the power of the Imperial [i.e. Westminster] Parliament to pass on its own initiative any legislation that it thought fit extending to Canada remains in theory unimpaired: indeed, the Imperial Parliament could, as a matter of abstract law, repeal or disregard s 4 of the Statute ... But that is theory and [...].'

Answer

has no relation to realities

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on its own initiative any legislation that it thought fit extending to Canada remains in theory unimpaired: indeed, the Imperial Parliament could, as a matter of abstract law, repeal or disregard s 4 of the Statute ... But that is theory and has no relation to realities.' <body><html>

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Edited, memorised or added to reading queue

on 04-Aug-2016 (Thu)

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