Public Law Case Law
Name of Case Referenc Topic area Summary Quotations Consequences
e
Thoburn v EWHC 195 Constitutiona Called to Divided Acts of
Sunderland (Admin) l rules / EU consider Parliaments into two
City Council Law arguments types ‘ordinary’
about the statutes and
doctrine of ‘constitutional’
implied statutes.
appeal – had
the 1985 Constitutional =
Weights and relating to legal
Measures Act relationship between
impliedly citizen and state, or
repealed s.2 the scope of
European fundamental
Communities constitutional rights
Act?
It did not, as
the 1972 act
meant that
any domestic
law
inconsistent
with EU law
had to be
modified.
Ex p Canon 36 J.P. 54 Parliamentar ‘There is no
Selwyn (1872) y judicial body
supremacy / in the
sovereignty country by
which an act
of Parliament
could be
questioned’
Jackson and [2006] 1 Parliamentar Jackson (on Lord Steyn: Acts passed through
Others v AC 262 y sovereignty behalf of the Dicey’s the mechanisms in
Attorney countryside account can Parliament Acts are
General alliance) be ‘seen out Primary Legislation.
attempted to of place in
state that the the modern Gordon, the remarks
2004 Hunting united ‘mark a crucial point
Axt was kingdom’ but in the development
, invalid as the Sovreignty is of the UK
1949 still a constitution’
Parliament ‘general
Act (which it principle of
passed the
through) was constitution’
illegal.
Lord Hope:
‘Parliamentar
y Sovereignty
is no longer,
if it ever was,
absolute’
Edinburgh UKHL Enrolled Bill The Bill was Lord Been relied upon
and Dalkeith 710 passed Campbell; since, including cases
Rly Co v without the ‘no court of such as British
Wauchope required justice can Railways Board v
(1842) notice period, inquire into Pickin
therefore it the manner
was claimed in which it
that the act was
was not able introduced
to be applied into
in this case. Parliament’
Attorney [1932] Entrenchmen The State of Established Put forward by
General for AC 526, t / Manner NSW wanted that the NSW people like Jennings,
New South Privy and Form / to abolish the was able to Heuston and
Wales v Council Parliamentar legislature legislate for Marshall.
Trethowan y Sovreignty power of the everything
[Australia council of the provided it Parliament can bind
] state without was made in itself to the manner
first taking a the correct and form it may
referendum. manner and legislate.
form.
However, this
was the
incorrect
‘manner and
form’
Anisminic Ltd [1969] 2 Error of Law / An error of Law in
v Foreign AC 147 Error of fact / the decision of a
Compensation outser clause public body renders
Commission the decision ultra
[1969] vires / null.
O Reilly v Mackman
described Anisimic
Name of Case Referenc Topic area Summary Quotations Consequences
e
Thoburn v EWHC 195 Constitutiona Called to Divided Acts of
Sunderland (Admin) l rules / EU consider Parliaments into two
City Council Law arguments types ‘ordinary’
about the statutes and
doctrine of ‘constitutional’
implied statutes.
appeal – had
the 1985 Constitutional =
Weights and relating to legal
Measures Act relationship between
impliedly citizen and state, or
repealed s.2 the scope of
European fundamental
Communities constitutional rights
Act?
It did not, as
the 1972 act
meant that
any domestic
law
inconsistent
with EU law
had to be
modified.
Ex p Canon 36 J.P. 54 Parliamentar ‘There is no
Selwyn (1872) y judicial body
supremacy / in the
sovereignty country by
which an act
of Parliament
could be
questioned’
Jackson and [2006] 1 Parliamentar Jackson (on Lord Steyn: Acts passed through
Others v AC 262 y sovereignty behalf of the Dicey’s the mechanisms in
Attorney countryside account can Parliament Acts are
General alliance) be ‘seen out Primary Legislation.
attempted to of place in
state that the the modern Gordon, the remarks
2004 Hunting united ‘mark a crucial point
Axt was kingdom’ but in the development
, invalid as the Sovreignty is of the UK
1949 still a constitution’
Parliament ‘general
Act (which it principle of
passed the
through) was constitution’
illegal.
Lord Hope:
‘Parliamentar
y Sovereignty
is no longer,
if it ever was,
absolute’
Edinburgh UKHL Enrolled Bill The Bill was Lord Been relied upon
and Dalkeith 710 passed Campbell; since, including cases
Rly Co v without the ‘no court of such as British
Wauchope required justice can Railways Board v
(1842) notice period, inquire into Pickin
therefore it the manner
was claimed in which it
that the act was
was not able introduced
to be applied into
in this case. Parliament’
Attorney [1932] Entrenchmen The State of Established Put forward by
General for AC 526, t / Manner NSW wanted that the NSW people like Jennings,
New South Privy and Form / to abolish the was able to Heuston and
Wales v Council Parliamentar legislature legislate for Marshall.
Trethowan y Sovreignty power of the everything
[Australia council of the provided it Parliament can bind
] state without was made in itself to the manner
first taking a the correct and form it may
referendum. manner and legislate.
form.
However, this
was the
incorrect
‘manner and
form’
Anisminic Ltd [1969] 2 Error of Law / An error of Law in
v Foreign AC 147 Error of fact / the decision of a
Compensation outser clause public body renders
Commission the decision ultra
[1969] vires / null.
O Reilly v Mackman
described Anisimic
