Public Law UK

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Author:
Duncanmcl
ID:
126795
Filename:
Public Law UK
Updated:
2012-01-09 16:46:13
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public law uk
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Description:
case law and legislation re Parl Suprem and conventions
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  1. Re parliamentary sup. what is Dicey's 2 fold definition?
    • 1 - no legal restraint on parl law making power
    • 2 - no body / person within constitution can question validity of primary legislation
  2. Case which highlights the 'Enrolled Act Rule'?
    Pickin v British Railways Board
  3. Re unlimited competence of Parl - statute can overide conventions - case?
    Madzimbamuto v Lardner-Burke
  4. Re unlimited competence of Parl - statute can overide international law - case?
    Cheney v Conn
  5. Re unlimited competence of Parl - statute can operate retrospectively - case?
    Burmah Oil v Ld Advocate
  6. Parl can expressly repeal prev legislation - what is case law re implied repela (to extent of inconsistency)?
    Ellen Street Estates v Minister of Health
  7. Judges could define legislation as ordinary or constitutional - which case refers to this?
    Thoburn v Sunderland CC
  8. Re limitations on PS - issue of entrenchment and 'manner & form' - case?
    AG for NSW v Trethowan
  9. Re Acts of Union constraining legilsative freedom - what is a relevant case?
    MacCormick v Lord Advocate
  10. Limitation on PS - devolution and colonies - what is a relevant piece of legislation?
    Scotland Act 1998
  11. Limitations - important legisation re Europe?
    European Communities Act 1972
  12. Re conflict between Europe and domestic law - important section of ECA?
    s 2(4) - UK law subject to directly aplicable EU law
  13. Re EU law - important case showing restriction on UK domestic law?
    R v SoS for Transport ex p. Factortame
  14. HRA 1998 may restrict PS - what are key sections of HRA?
    • s3 - interpretation of legislation
    • s4 - declaration of incompatibility
    • s10 - power to take remedial action
    • s19 - statements of compatibility
  15. 2 key high profile Human Rights cases?
    Ghaidan v Godin Mendoza

    A(FC) v SoS for Home Dept
  16. Case re rule of law limiting PS?
    R(Jackson) v AG
  17. What are key parts of the UK constitution?
    statute, case law, Royal Prerogative, conventions
  18. Definition of conventions?
    Marshall & Moodie - "rules of constitutional behaviour" considered "binding by and upon those who operate the constitution but which are not enforced by the courts"
  19. Case re conventions not being legally applicable?
    AG v Cape - convention recognised but not enforced
  20. Examples of conventions?
    • + Ministerial and collective responsibility - makes exec and ministers accountable
    • + Govt resigns if loses vote of confidence
    • + Monarch always assents to Bills
    • + Monarch relies on advice of PM re mnsterial appointments
  21. Why are conventions seen as useful in an unwritten constitution?
    • + help maintain separation of powers
    • + ensures Royal P kept in check (role of Parl and Exec) thus democratic legitimacy
    • + flexible and adaptable
    • + doesn't require legislation (time consuming and contentious)
  22. What Act sets out some legal protections regarding separation of powers?
    Constitutional Reform Act 2005 - introduced Supreme Court, removed role of SoS as Speaker of Lords

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