Public Law 2023 with 100% verified questions and answers

Define Public Law Law involved in the regulation of the state, generally consisting of Constitutional & Administrative Law Define Private Law Law involved in the regulation of relationships between individuals Define constitution the body of rules that govern the political system, the exercise of public authority and the relationship between citizen and the state. Convention Understandings, habits or practices considering to be binding by and upon those who operate the conduct, but are not enforceable by the courts. What happened in Thorburn v Sunderland City Council? 2002: Whether Weights & Measures Act 1985 implied repealed ECA 1972. LJ Laws suggests in Obiter hierarchy of statute. Westminister Democracy The system of government where the elected chamber is supreme and which the executive is drawn from, so is accountable to that body. In what case was the concept that any executive interference must be justified positively by statutue? Entick v Carrington 1765 In which case did Lord Atkin consider the court 'more executive minded than the executive? and the court endorsed the subjective power of the Home Secretary? Liversidge v Anderson 1942 (Regulation 18B of DOA 1939 allowed HS to intern people based on 'reasonable cause') Under which authority is Parliamentary Privilege assured? Article 9 of the Bill of Rights 1689 What is determined by the Fixed Term Parliament Act 2011 Governs dissolution of Parliament on 1st Thursday in May of 5th year replacing convention of dissolution by PM When was the Crichel Down Affair Case & Who resigned? 1954, Thomas Dugdale What is meant by individual ministerial responsibility? Ministers must manage their portfolio and display confidence as well as maintain personal integrity. What are the Seven Principles of Public Life known as & what are they? Nolan Principles, SIOAOHL Selfishness, Integrity, Openness, Accountability, Objectivity, Honesty, Leadership Which case determined initially that the courts could only investigate the scope and extent of Prerogative Power, and that statute prevails. Attorney General v De Keyser's Royal Hotel 1920 In which case did the courts rule that the State Secretary's guidance under the 1971 Civil Aviation Act was ultra vires? Laker Airways v Department of Trade 1977 In which case was it determined that the RP was amenable to the Courts under JR? Council for Civil Service Unions v Minister of State for Civil Service 1985 In which case was it determined that PP can be used to meet threats to peace? R v Secretary of State for Home Affairs Ex P Northumbria Policy Authority 1988 In which case did the courts rule that the executive could not act against Parliament's unactivated intended will concerning the Criminal Justice Act 1988? R v SSOHD ex parte Fire Brigades Union When was the Act of Union? 1707 When did the HRA 1998 come into force October 2000 Where is the Rule of Law formally recognised? Section 1 of Constitutional Reform Act 2005 Which case determined that the courts may not be able to intervene and question the validity of a warrant if it is granted intra-vires by statute? IRC v Rossminister 1980 (Empowered by S20C of Taxes Management Act 1977) In which case did Robert McGerry contest as there no right to privacy, and no act of trespass, interception of telephone calls allowed under Telegraph Acts 1963 & 1969? Malone v Metropolitan Police Commissioner 1974 Which case established the supremacy of EU Law and conflicting national provisions of Phase II of Merchant & Shipping Act 1998 (law was disapplied) R v Secretary of State for Transport, ex p Factorame (N0.2) 1991 (No.6 determined compensation) Which court case concerning the interpretation of P2 S1 of Rent Act 1977 contravened Article 8 & 14 of HRA Act and so the court used Section 3 to adopt a substantive interpretation? Ghadian v Godin-Mendoza 2004 What is meant by the Rule of Law? The supremacy of law over man and can be seen as a philosophy or political theory laying down the fundamental requirements of the law or as a procedural device by which those with power are able to rule under the law. What did Dicey mean referring to the Rule of Law in Law of the Constitution 1885: 1) Only punished if there is clear breach of the law 2) Everyone is subject to the law 3) The Common law is the best protector of individual rights What is the Formal Conception of the Rule of Law? The manner in which the law was promoted focusing on consistency and clarity. What is the substantive conception of the Rule of Law? The content of the rules themselves is essential and must be read in a way that considers integral knife Describe the process by which primary legislation is passed? Pre Bill Stage, Formulation, (consultation), First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, House of Lords, Royal Assent. What is the majority of delegated legislation governed by ? S1 Statutory Instruments Act 1946 Define delegated legislation Law made by an executive authority under powers granted from primary legislation. What is meant by Political Sovereignty The Supreme political authority (Dicey's people) What is meant by Legal sovereignty The Supreme Legal authority (Queen In Parliament) What are the elements of Orthodox Dicyean PS? Parliament has the power to make/unmake any law whatsoever (Positive aspect) and and which cannot be questioned (negative aspect). One Parliament can also not bind another. Which case held that the Crown was liable for the destruction of property caused by exercises of prerogative power Burmah Oil Company v Lord Advocate 1965 Which case established Enrolled Bill Rule , that even when allegations of wrongdoing are present, the Courts cannot question the validity of Statute. Pickin v British Railways Board 1974 (applying Edinburgh & Dealkeith Railway Company v Wauchope 1842) Which case established that statute prevails over international treaty and cannot be questioned by the Court? Cheney v Conn 1968 (tax assessment FA 1964, and money used for Nuclear Weapons) Which cases, concerning S17 (1) of the Acquisition of Land Act 1919 established the Doctrine of Implied Repeal? Vauxhall Estates v Liverpool Corporation 1932 (S7 binding invalidating HA 1925) & Ellen St Estates Ltd v Minister of Health 1934 What was established in McCormick v Lord Advocate 1953 Lord Cooper noted that Doctrine of PS was a 'distinctively English Principle with no counterpart in Scottish Constitutional Law What is meant by Manner & Form? Any provision relating solely to procedure, may restrict the Manner in which a future Parliament Operates What case embodies this concerning the Colonial Laws Validity Act 1865 Attorney General for New South Wales v Trethowan 1932 What was the issue in Bribery Commissioner v Ranasignhe 1965 Establishment of Commission without certificate established S55 OF 1946 Constitution breached M&F What was the issue in Jackson v Attorney General 2005 As the 2004 Hunting Act was passed using the 1949 Parliament Act which was seen to be invalid, as a piece of delegated legislation which could not extend its own powers under the 1911 Parliament Act In what case was there the second instance of English Law being disapplied? R v Secretary of State for Employment Ex Parte Equal Opportunities Commission 1994 (Part time work policy seen as discriminatory. Argument that lowers costs for firms had to be proven rather than just asserted) What are the Three pieces of devolutionary legislation? Scotland Act, Government of Wales Act & NI Act 1998 What was the issue in Bellinger v Bellinger 2003? S11(B) of Matrimonial Causes Act banned transexual marriage (following ruling in Goodwin v UK) What was the issue in Shaw v DPP 1962 and resurfaced in Knurlier v DPP 1973? Conviction on the previously unknown charge of conspiracy to corrupt public morals Pretty v DPP 2001 wanted to obtain permission for husband to assist actively in her suicide. Purdy v DPP 2009 wanted clarification of the DPPs policy on whether husband would be prosecuted for indirect assistance What was the issue in Congreve v Home Office 1976? Broad power for Minister to revoke licenses was ruled by the Courts to only apply in situations of wrong doing, so action was illegal What was the issue in Asher v Secretary of State for the Environment 1974 Refusal to comply to Housing Finance Act 1972. Minister did not use tailor-made remedy of Housing Commissioner and used District Auditor , removing them from office. Court upheld with Lord Denning believing: the sooner they were disqualified the better R v Scottish Minister 2012 Minister argued a discrepancy between coming into force and operation. Court applied Object & Policy principle , ruling in disagreement. In which case did the Court consider the broadness of power for a Minister to direct a committee for an investigation based on the term 'if the minister in any case so directs' Padfield v Minister of Agriculture, Fisheries & Food 1968 Which judge in Padfield established the Policy & Object of the Act Principle Lord Reid in Short v Pool Corporation, The Redhaired teacher example to show that factors of bad faith =irrelevant consideration and these principles can run into each other was mentioned by which judge? Warrington What is administrative Law? The law which regulates the exercises of power conferred upon bodies performing public functions (most commonly in the form of statute or RP) What is Judicial review? The particular jurisdiction of the courts to ensure that public decision makers act intra-vires What is the aim of judicial review 1) keep executive action within Parliament's limits 2)protect fundamental rights 3) administrative justice (procedural propriety) 4) provide alternative framework for interest groups 5) accountable government (Rule of Law) 6) Good Administration Under what grounds can someone appeal for JR? S31 of Senior Courts Act 1981: having sufficient interest in the matter Who is amenable to JR? Public bodies (those with statutory /RP powers), government departments, local authorities, the police, public corporations, privatised utilities carrying out public functions What is illegality? Illegality: The lawmaker must correctly understand the law to give effect to it. Lord Greene's concept of irrationality: So unreasonable that no reasonable body could have possibly reached it Lord Diplock's concept of irrationality: So defiant in its logic and acceptance of moral standards that no sensible person applying their mind to the matter could have possibly reached it Remedies under JR 1) Quashing Order 2)Prohibitng order 3) Mandatory /Compelling Order 4) Declaration 5) Injunction 6) Damages Who is amenable to HRA and on what grounds? Public Authorities (S6) and Victims (S7) Who & in What case was the non-merit making ground suggested? Lord Bingham in Chief Constable of North Wales v Evans 1982 ('not with the decision but the decision making process"- Stanley Button in Poundland Case -solely about the regulations) Could an interest group that is directly affected commence JR proceedings? Pro Life Alliance v BBC 2004 (Political Broadcast featuring aborted foetuses contradicting BBC Charter of 'good taste and decency' Could a body carrying out public functions be liable to JR? YL v Birmingham City Council 2007. (LA contracted out services to Southerncross, appealed invasion of A8, HL disagreed on grounds of profit/differing level of protection) What is meant by Procedural impropriety? The right to fair trial/hearing , being able to know allegations against you, and any tribunal being free from bias. (Evans 1982- ought to be given chance to refute allegations) Distinguish between review and appeal Review- legality and decision making process. Appeal- overturn decisions and substitute their own. Which case noted that the prerogative could be quashed? R v Secretary of State for Foreign and Commonwealth Affairs, Ex Parte Bancoult, 2008 What was Lord Roskill's List for Non Justiciability? 1) Treaty Making Power 2) Defence of the Realm 3) Prerogative of Mercy 4) Grant of Honours 5) Dissolution of Parliament 6) Appointment of Ministers Which case suggested Treaties could be reviewed? R v Secretary of State for Foreign and Commonwealth Affairs, Ex Parte Rees Mogg 1994 Which case suggested Pardon could be reviewed? R v Secretary of State for the Home Department, Ex Parte Bentley 1994 (Criminal Review Commission) Which cases suggest that Defence of the Realm is reviewable? R v MOD ex parte Smith 1995, (R v Admiralty Board of the Defence Council Ex P, Lustig-Preann) R (Campaign for Nuclear Disarmament) v PM 2002 (A(FC) v Secretary of State for Home Department concerning Anti-Terrorism and Security Act 2001) Which case suggests law enforcement is not reviewable? R v Chief Constable of Sussex ex parte international traders ferry 1995, (Hill v CC of West Yorkshire concerning duty of care of negligence 1989) Which case suggests political judgements are NOT reviewable Nottingham City Council v Secretary of State for the Environment 1986 (only in case of absolute extremeness) Give an example of Judicial Retreat (apart from Liversidge v Anderson 1942) R v SSOHD , ex Parte Hosenball 1977 (Lord Denning: 'when the state itself is endangered , our cherished freedoms may have to take second place) (Ex Parte Cheblak 1994 Donaldson leaves NS in realm of executive) Partial Ouster clauses cannot be impugned as according to Viscount Simmonds 'plain words must be given their plain meaning' in which case? Smith v East Eloe Rural District Council 1956 Public-interest immunity (PII)to protect disclosure of evidence (Submarine sunk with loss of life) upheld Duncan v Cammell Laird and Co.Ltd 1942 In which case was it established that Crown privledge-renamed to PII should be decided by the Courts to see whether was founded in proper public interest Conway v Rimmer 1968 (Over class of documents not specific ones should be kept confident when appellant claimed malicious prosecution) Which case symbolised that Ouster/Exclusion Clauses can be reviewed (as was never what P intended) and Judical Revival Ansiminic v FCC (Foreign Compensation Commission) 1969 (S4(4) Foreign Compensation Act 1950 - shall not be called into question in any court of law) (Tribunal had misconstrued term successor in title) What was the issued in Ridge v Baldwin 1964 (Revival-Lord Reid) CC of Birmingham was dismissed without hearing, losing pension and did not receive fair trial. (In 1924 established Courts only demand fair trail when issue is judicial in nature. HL extended Natural Justice to all issues of rights) Who noted that the greater the inteference of human rights , the greater justification for the decision to be reasonable in EX Parte Smith 1995? Lord Bingham per Pannick QC Which case established that decisions of a private body exercising public functions may be amenable? (Donaldson) R v Panel on Take-overs & Megers, Ex Parte Datafin 1986 What did Lord Greene remark in Associated Provincial Picture Houses Ltd v Wednesbury Corporation 1948 concerning how a person entrusted with discretion must act to do so legally? 1) Direct himself properly in the law (legality) 2) attention to the matters which he is bound to consider (relevant consideration) 3) exclude...matters which are irrelevant 4) something so absurd (reasonableness) Which case concerning the overturning of a murder conviction protects against abuse? R v SSOHD , Ex Parte Simms 2000 S41 Prison Act 1952 gives SS to make rules for regulation and nd management of prisons. Blanket requirement to prevent journalists using interview material seen by HL as unlawful (Journalist unearthed evidence and when referred to CRC , was quashed) According to whom in the case (ex parte Simms)do judges assume that even the most general words were intended to be subject to the rights of the individual (Now are interpreted with HRA Article 3) Lord Hoffman (Fundamental Rights cannot be overridden by general or ambiguous words) Under S6 , must act in a way that is compatible with convention rights except... if the statute expressly so compels it. In which case were the courts anxious to protect ratepayers money, believing the fiduciary duty of councils and by whose logic? By the logic of Sargent J in AG v Fulham Corp 1921 (Bathhouse operations did not include laundry services- 'light hearted way' In which case was it determined that LAs cannot engage in speculative financial transactions Hazell v Hammersmith & Fulham Council 1992 In which case could the GLC forward fund community organisations in anticipation of its abolition Re Westminster Council (1986) Which case concerned the practice of saying prayers before meeting as unlawful due to no statutory power permitting it? R (on the application of the National Secular Society) v Bideford Town Council 2012 (Negated by Pickles' Localism Act 2011) What is the official name of the Poundland case where scheme, where Minister was supposed to give prior title rather than description was declare unlawful (before Government amended JSA regulations retrospectively) R ( On application of Reilly & Wilson) v Secretary of State for Work & Pensions 2014 In which case can a power be used to achieve incidental objectives? AG v Crayford UDC 1962 where S111(1) of Housing Act 1957 was applied to collective insurance of tenants. What are Greene's essential considerations about interference: (Concept of Adminstrative Discretion, reasonable people can hold different opinions - Tameside) 1) Courts are concerned with an executive act and an administrative decision (not judicial -relevant in Pre-Baldwin era) 2) Courts should not impose undue limits on powers designed to be broad 3) If statute provides no appeal, JR is the only viable mechanism Proposed reforms by labour, later scrapped by the Tories where 'resonable cause that ELA acts unreasonably is that of Wednesbury Unreasonableness. Original Reforms were upheld. (Courts writing the law to protect grammar schools/establishments they were brought up in) Secretary of State for Education & Science v Tameside Metropolitan Borough Council 1977 In which case does absurdity (from ulterior motives) result in Courts issuing a compelling order when a Council increased rent on one inhabitable house from £8 to £17000 in line with HFA 1972 Backhouse v Lambeth City Council 1972 In which case did the eviction of travellers be deemed unreasonable given the Council had failed its duty to provide adequate accommodation for a decade? West Glamorgan City Council v Rafferty 1987 R(Rogers) v Swindon NHS PCT 2006 Policy for cancer treatment funding was unreasonable as no one could possibly fall with exceptional category. What did Sir Thomas Bingham note in Ex Parte Smith about the legal political spectrum? Greater the policy content, and more remote the subject...the more hesitant the court must be (Light Touch Review observed in Ex P NCC- only intervene if guidance is so absurd that the SOS must have taken eave of his senses) What is meant by the term Most Anxious Scrutiny? (Smith & Grady v UK 19991- Resonableness is too high a threshold, proportionality is better) Smith (1996) if fundamental rights are affected, courts will investigate with anxious scrutiny. (Courts were scared, MOD very powerful, Parliament had considered, could happily defer to EU) In which case did Lord Denning consider that the revocation of a market stall license was a disproportionate (all together excessive) penalty to the occasion R v Barsnley MBC Ex parte Hook 1976 R v Secretary of State for Transport ex Parte Pegasus Holdings Ltd 1988 concluded what in the words of: Schiemaan on the hand ---economic damage to the applicants, whilst balancing ' the magnitude of the risk What is meant by proportionality? The means used (decision) must be proportionate to the legtimate objective to be achieved What was Lord Ackner's & Lowry's concern in Ex Parte Brind 1991 (Home Secretary banning broadcasts from Prescribed organisations) The Court would substitute its own judgement a What was Lowry's concern in Brind over proportionality 1) enroach Parliamentary Domain 2) judges are not equipped 3) applicants trying their luck What did Lord Bridge note about the circumstances in Bugdaycay v SSOHD 1987 Most Anxious Scrutiny (first developed) that failure of asylum to Kenya would result in his removal to Uganda where he would be killed. What did Lord Griffiths note in Ex Parte Bennett 1994 Courts should maintain the rule of rule of law (claimed essentially been kidnapped) Inn which cases was it considered that ECHR is not necessary as Parliament could not have intend a significant number of seeks to be impaled on the horns of such a dilemma and by whom? Simon Brown in R v SS Social Security Ex Parte B & Joint Council for Welfare of Immigrants 1997 Established in EU Law R v Intervention Board for Agricultural Produce Ex Parte Man 1986 Proportionality in ECHR Law (Hidden information Sunday Times v UK (Thalmeide Case) What is notable about Article 10 10(1) confers rights of expression but 10(2) is a clawback clause for overriding public interest objectives. (ECHR in Sunday Times noted was disproportionate) Which Article was invoked in Lustig-Preaan & Smith & Grady Article 8 R v SSOHD (Ex Party Daly) 2001, concerning prison cell search, Lord Steyn: 1) intensity is greater under proportionality than reasonableness (accounts for considerations) 2) Most Anxious Scrutiny test is insufficient given Ex Parte Smith 3) variable to context (Noted concpetually, by Lord Slynn as feature of common law without need of hRA in R v SSE Ex P Alconbury 2001+ Dyson in R V SSOHD 2003- refused in Somerville v Scottish Minister 2007 What does Article 15 state In a state of war/public emergency that threatens the life of the nation as long as it is lawful (required by exigencies of situation, A(FC) had to quash derogation) (Courts determine whether strictly required, (A3 is absolute), government can consider whether if they wish to invoke) M v Scottish Ministers 2012 (depth) Lord Reed Applying Lord Upjohn's argument in Padfield if a minister does not give a reason, there was no good reason. (Padfield=bad reasons) over Mental Health Care Act 2003 In which case would acquiring land that would increase in value on the basis of using the money for a community fund, declare as irrelevant consideration? Municipal Council of Sydney v Campbell 1925 Porter v Magill 2002 Power to dispose of council owned property for electoral advantage Roberts v Hopwood 1925 S62 of Metropolis Management Act 1885 allowed councils to pay such wages as 'they may think'. (falling costs+equality) was challenged. What was Lord Atkinson's argument in Hopwood Guided by eccentric principles of socialist philanthropy or by a feminist ambition (not relevant consideration at the time) In which case was the issue of banning stag hunting on the grounds of Morally offensiveness considered? Somerset City Council Ex Parte Fewings 1995 What was Swinton Thomas opinion on Fewings Such a claim was not relevant under S122 of the LGA 1972 where land could be acquired for development What was Simon Brown's view in Fewings Relevant as although not identified by statute, if all other considerations were held, it may be down to his discretion In Which case does Lord Sumption cite as the Court going to far by reading S12 of the Overseas Development & Cooperation Act 1980 of development as 'sound development? R v SSFCA ex Parte World Development Movement 1996 (Peragu Dam) In R v Cambridge Health Authority Ex Parte B (small child) what did the Court rule Court cannot decided how resources should be divided over competing claims, providing lawful action R v Gloucstershire City Council Ex P Barry 1997 Authority had acted unlawful, as once an assessment had determined needs should be met (laundry services), a duty arose. Compared to similar ex parte RADB over changing I's needs, where action was deemed lawful. R (Luton Borough Council) v SSE 2010 Building Schools for Future procedural legitimate expectation of consultation by Judge Holman CPAG v SSWP 2011 Superstore claimed Bedroom tax was allowed due to wide statutory powers Bailey v Brent LBC 2011 After consultation, closing down libarries was deemed lawful Lord Templeman cited that if no wrong was done, punishment could not occur (Punishment Motive) in which case? Wheeler v Leicester City Council 1985 (reflected in Trafford v Blackpool BC 2014) Bromley LBC v GLC 1982 Electoral promises cannot be used to validate unlawful decisions Tameside 1977 and Promises Relevant consideration when consideration occurs. in which case did Watkins cite Bad faith R v Derbyshire CC ex P Times Supplements 1990