- •Ian McLeod
- •7Th March [1991] 532
- •XXXIV Table of Cases
- •Interact with constitutional concerns.
- •1688 Conceded power to Parliament and is effectively appointed by
- •Independence, legislators, like judges, could claim to be insulated from
- •In its ideal form, treats all persons equally and releases the individual
- •Ireland. Until the Union with Ireland in 1801, Britain was a state, as
- •Incommensurables are the two freedoms identified by Sir Isaiah Berlin
- •Vices and the regulation of private activities.
- •22 General Principles of Constitutional and Administrative Law
- •26 General Principles of Constitutional and Administrative Law
- •Ing laws (Postema 1986, p. 46).
- •Idea which Hegel (1770–1831) ridiculed on the ground that the people
- •2.5 Rousseau: Communitarianism
- •Irrelevant (a view that is problematic when it comes to voting). This
- •36 General Principles of Constitutional and Administrative Law
- •3 All er 400 at 412, Lord Hoffman remarked that ‘the courts of the
- •Views of each state within the federation. In the uk any constitutional
- •Its actual output happens to have put great stress on individual rights
- •In the Ministerial Code (Cabinet Office, July 2001) may well furnish an
- •50 General Principles of Constitutional and Administrative Law
- •52 General Principles of Constitutional and Administrative Law
- •It is arguable that the cabinet has ceased to play a significant con-
- •56 General Principles of Constitutional and Administrative Law
- •Importance of constitutional checks and balances. From this perspec-
- •Individually responsible to Parliament and that Parliament must be
- •70 General Principles of Constitutional and Administrative Law
- •In the nineteenth century Bagehot claimed that the cabinet was the
- •2000A), recommended that the civil service be placed on a statutory
- •4.10 The Judiciary
- •4.2 The historical development of the constitution has been evolutionary in
- •Into line where rules are enforced in accordance with a predictable
- •5.4 Dicey’s Version of the Rule of Law
- •In body or goods except for a distinct breach of law established in the
- •Value of non-retrospectivity.
- •5.7 The Separation of Powers
- •5.7.1 The mixed constitution
- •In X Ltd V. Morgan Grampian Publishers Ltd [1990] 2 All er 1 at 13
- •Ing out of opinion within the legal profession (Judicial Appointments,
- •Ing, characteristically out of particular historical circumstances.
- •Independence could be compromised by a narrow ‘executive-centred’
- •114 General Principles of Constitutional and Administrative Law
- •It can dismiss superior court judges (Chapter 4).
- •Into account extra parliamentary remarks made by ministers, in for
- •3 All er 65 at 77–79; r. V. Khan (1996)). The courts will certainly take a
- •6.2 Historical Development
- •124 General Principles of Constitutional and Administrative Law
- •Ishing itself, having first created a body with more limited powers.
- •6.8 Note: Delegated Legislation
- •Ing the nineteenth century. Also during the nineteenth century the
- •158 General Principles of Constitutional and Administrative Law
- •Includes a ‘Ministerial Code of Conduct’ (see sched. 4). The code
- •Ities in England and Wales.
- •168 General Principles of Constitutional and Administrative Law
- •In particular transport policy is specifically subject to central govern-
- •176 General Principles of Constitutional and Administrative Law
- •In one sense supported by dicta in Prescott V. Birmingham Corporation
- •View that the fiduciary duty implies that special weight must be given
- •178 General Principles of Constitutional and Administrative Law
- •Increasingly important in view of the flexible nature of judicial review
- •In police and judicial affairs. Matters relating to immigration and asy-
- •184 General Principles of Constitutional and Administrative Law
- •186 General Principles of Constitutional and Administrative Law
- •Increase in the powers of the European Assembly can be ratified by the
- •Implementing an ec Directive do not apply to future amendments of
- •Version to uk law, usually in the form of a statutory instrument (ibid.,
- •198 General Principles of Constitutional and Administrative Law
- •Interpret ‘so far as possible’ in the light of the aims and purposes of the
- •In English law, in the absence of bad faith, damages cannot normally
- •4 (1) (C) of the Act, which provides a defence to such an action where ‘the state
- •10 Parliament
- •10.1 Historical Development
- •Ing the constitution only because its members were easily corrupted by
- •214 General Principles of Constitutional and Administrative Law
- •Is dominated by government business. This is why Bagehot thought
- •Is that it acts as a revising chamber to scrutinise the detail of legislation
- •10.4.2 Composition and procedure: ‘exclusive cognisance’
- •Injunction (see hc 365, 1986–7). In Rivlin V. Bilankin (1953) a libellous
- •242 General Principles of Constitutional and Administrative Law
- •Vented ministers from sitting, and the uk Constitution would have
- •In a script other than roman, or containing words prohibited by the
- •In all the circumstances be taken to be at that time (a) resident there if
- •Vidual standing separately. The party list system is crude and has
- •In the case of a ‘money bill’ the Lords can delay only for one month
- •1957, Naa 1983 s. 1). The Comptroller is an Officer of the Commons
- •Independent bodies outside the central government.
- •X where another hospital has been closed?’. Conversely sycophantic
- •12.5.1 Scrutiny of delegated legislation
- •Inability of an individual mp to force disclosure of information. Early
- •In r. V. Preston [1993] 4 All er 638 at 663 Lord Mustill said ‘the
- •In each case she has a separate title and responsibilities. This is prob-
- •1936 (His Majesty’s Declaration of Abdication Act 1936). By conven-
- •In 1611 it was made clear that the King can legislate only within
- •Imply a power to tax directly or indirectly without very clear statutory
- •In Council relating to the civil service are legally enforceable, whereas
- •Industry was held to be bound by a statute regulating the licensing of
- •It, arguing that the decision is an unprecedented example of the courts
- •1997 S. 9; Intelligence Services Act 1994 s. 2; National Minimum Wages
- •In theory the prime minister may appoint anyone to the cabinet, but in
- •Is maintained by the Treasury. In cases of doubt the Attorney-General
- •324 General Principles of Constitutional and Administrative Law
- •1. Ministers of the Crown are expected to behave according to the high-
- •Is that it ensures that government explains its actions. It concluded that
- •Ing adverse publicity about his private life). Even in cases of personal
- •V. R. (1896)). This is consistent with the view that there is no contract.
- •In recent years concern has been expressed because of their involve-
- •View that there should be no distinction between the constitutional
- •Immunities and this may also apply to police officers while on duties on
- •Inquiry (s. 49). For example the Macpherson Inquiry into the death
- •In the relevant statute (for example the Attorney-General, or a speci-
- •356 General Principles of Constitutional and Administrative Law
- •Interfere with a decision to ban active homosexuals from serving in the
- •380 General Principles of Constitutional and Administrative Law
- •384 General Principles of Constitutional and Administrative Law
- •Vention’ (per Lord Phillips mr in r. (Mahmood) V. Secretary of State
- •Itself and not merely an instrument of effective decision making.
- •In order to define the limits of judicial review. This excluded natural
- •Into most areas of government, including for example prison manage-
- •259 That justice must not only be done but must manifestly and
- •396 General Principles of Constitutional and Administrative Law
- •Investigation more flexible than those of the courts but has limited
- •17.1 The Range of Remedies
- •17.2 The Judicial Review Procedure
- •408 General Principles of Constitutional and Administrative Law
- •17.2.1 Standing
- •Ise (r. V. Pollution Inspectorate ex parte Greenpeace (No. 2) (1994)).
- •V. Home Office (1990); r. V. Legal Aid Board ex parte Donn & Co.
- •In Cocks V. Thanet dc (1983) the House of Lords applied o’Reilly to
- •Important interests go beyond legal rules into territory where judges
- •424 General Principles of Constitutional and Administrative Law
- •469 At 477, Lord Donaldson said that ‘you have to look long and hard
- •Informed promptly of the reasons for the arrest and be brought
- •18.4.2 The interpretative obligation
- •8). However, it is not clear how far, if at all, it goes beyond the existing
- •577 At 581, Lord Slynn remarked that ‘it is clear that the 1998 Act
- •440 General Principles of Constitutional and Administrative Law
- •18.4.9 Derogation
- •Introduction of judicial consent for extended periods of detention
- •Vides a means to the end of self-actualisation. This argument has been
- •View that coheres with the thinking of the late Professor Karl Popper
- •V. Holmes (2000) a newspaper was permitted to publish a report on the
- •It is sometimes argued that s. 12 has the effect of privileging freedom
- •Ireland (1992) the Irish government banned a voluntary body from
- •Voluntarily and there seems no reason why these should be especially
- •International Convention on the Elimination of All Forms of Racial
- •Important. A similar distinction is drawn in us law between the
- •It has been held that under Art. 11 states should take positive
- •Intimidation, including conditions as to the route of the procession
- •478 General Principles of Constitutional and Administrative Law
- •Ings because of its broad definition of terrorism. This includes the use
- •480 General Principles of Constitutional and Administrative Law
- •In Sunday Business. In the article it was stated that the plaintiff ’s
- •In order to protect at least some privacy-related interests unprotected
- •506 General Principles of Constitutional and Administrative Law
- •20.7 A Hierarchy of Rights and the Contingencies
- •510 General Principles of Constitutional and Administrative Law
- •Ings of an experienced trial judge, the same confidence does not extend
- •21.4.3 Proprieties: sections 2, 3
- •Is no locality condition. If the object is to apprehend someone unlaw-
- •In relation to the need for reasonable suspicion, there is no
- •Information available, upon which to make his suspicion reasonable,
- •530 General Principles of Constitutional and Administrative Law
- •Interest in effective policing and the individual’s right to privacy and
- •Ing documents should be attempted before the issue of a warrant
- •538 General Principles of Constitutional and Administrative Law
- •Items subject to legal privilege are, except as regards items held
- •540 General Principles of Constitutional and Administrative Law
- •1913). The conditions here are that there exist reasonable grounds for
- •If it is a search warrant (and not a production order) which is
- •It clear that such force can be used to secure entry to premises when
- •546 General Principles of Constitutional and Administrative Law
- •Interests of the United Kingdom. Nor does the duty to conform or
- •V. Evans (1985)). In Spycatcher, serious iniquity was not established
- •Information supplied under a legal duty had to be disclosed), economic-
- •Vention of crime but subject to the existence of independent safe-
- •22.5 Dan, a property developer, enters into an agreement with Oldcastle Council
- •580 Bibliography
- •Initiative in a public law Frame’, Public Law, 288–307.
- •In the civil law of defamation’, Communications Law, 1(5), 193–197.
- •2Nd edn, London: Cavendish.
22.5 Dan, a property developer, enters into an agreement with Oldcastle Council
under which he promises to provide the Council with a magnificent new head-
quarters in return for planning permission to build a shopping centre. Bill, the
leader of the Council opposition, suspects that the project is financed by the
proceeds of drugs dealing and wishes to intercept Dan’s telephone conversa-
tions and e-mails and obtain access to his encrypted business records in
order to establish this. Advise Bill.
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