Public Law UK
Card Set Information
Public Law UK
public law uk
case law and legislation re Parl Suprem and conventions
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
Case which highlights the 'Enrolled Act Rule'?
Pickin v British Railways Board
Re unlimited competence of Parl - statute can overide conventions - case?
Madzimbamuto v Lardner-Burke
Re unlimited competence of Parl - statute can overide international law - case?
Cheney v Conn
Re unlimited competence of Parl - statute can operate retrospectively - case?
Burmah Oil v Ld Advocate
Parl can expressly repeal prev legislation - what is case law re implied repela (to extent of inconsistency)?
Ellen Street Estates v Minister of Health
Judges could define legislation as ordinary or constitutional - which case refers to this?
Thoburn v Sunderland CC
Re limitations on PS - issue of entrenchment and 'manner & form' - case?
AG for NSW v Trethowan
Re Acts of Union constraining legilsative freedom - what is a relevant case?
MacCormick v Lord Advocate
Limitation on PS - devolution and colonies - what is a relevant piece of legislation?
Scotland Act 1998
Limitations - important legisation re Europe?
European Communities Act 1972
Re conflict between Europe and domestic law - important section of ECA?
s 2(4) - UK law subject to directly aplicable EU law
Re EU law - important case showing restriction on UK domestic law?
R v SoS for Transport ex p. Factortame
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
2 key high profile Human Rights cases?
Ghaidan v Godin Mendoza
A(FC) v SoS for Home Dept
Case re rule of law limiting PS?
R(Jackson) v AG
What are key parts of the UK constitution?
statute, case law, Royal Prerogative, conventions
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"
Case re conventions not being legally applicable?
AG v Cape - convention recognised but not enforced
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
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)
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