- •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.
7Th March [1991] 532
Simms, see R. v. Secretary of State for the Home Dept ex parte Simms
Singh v. Immigration Appeal Tribunal [1986] 2 All ER 721 54
Slim v. Daily Telegraph Ltd [1968] 2 QB 157 492
Smith and Grady v. UK (1999) 29 EHRR 493. 386
Soering v. U.K. [1989] 11 EHHR 439 428, 453, 563
South East Asia Fire Brick Sdn BHD v. Non-Metallic Mineral
Products Manufacturing Employees Union [1981] A.C. 363 372
Sporrong and Lonnroth v. Sweden, [1982] 5 E.H.R.R. 35 446
Somersett’s Case (1772) St. Tr. xx, 80 68
Stanbury v. Exeter Corporation [1905] 2 KB 838 131
Steele v. U.K. (1999) 28 E.C.R.R. 81 485
XXXIV Table of Cases
Stefan v. GMC [1999] 1 WLR 1293 397
Stephens v. Avery [1988] Ch 449 502
Stockdale v. Hansard (1839) 9 Ad & E1 223, 231
Stoke-on Trent City Council v. B & Q plc [1991] 4 All ER 221 136
Stourton v. Stourton [1963] P. 403 173
Stovin v. Wise [1996] AC 923 406
Strauss Case HC 305 (1956B7) 225
Stringer v. Minister of Housing [1971] 1 All ER 65 375, 377
Sturley v. Metropolitan Police [1984] The Times, 27th June 532
Sunday Times v. U.K. [1979] 2 E.H.R.R 245 446, 466
Sunday Times (No. 2) v. UK (1991) 14 E.H.R.R. 229 559
Swinney v. Chief Constable of Northumberland Police [1996]
3 All ER 449 353
T v. UK EHRR App no. 24724/94 111
Tamlin v. Hannaford [1950] 1 KB 18 338
Tesco Stores v. Secretary of State for the Environment [1994]
2 All ER 636 375, 386
Thomas v. Sawkins [1935] 2 KB 249 479
Thomas v. Sorrell [1674] Vaughn 330 124
Thompson and Venables, see Venables
Thynne v. UK (1990) 13 EHRR 666 111
Time Inc v. Hill (1967) 835 US 374 507
Tolstoy Miloslavsky v. U.K. [1995] 20 E.H.R.R 442 498
Town Investments Ltd v. Department of the Environment [1979]
1 All ER 813 291
T.P. and K.M. v. U.K. (2001) App. 28945/95 (E.C.H.R.) 407
Trustee of the Dennis Rye Pension Fund v. Sheffield City Council
[1997] 4 All ER 604 414
Tyrer v. U.K. [1978] 2 E.H.R.R 1 325
Van de Hurk v. Netherlands [1984] 18 E.H.R.R 481 397
Van Der Mussele v. Belgium (1983) ECHR Ser. A vol. 70 429
Van der Val v. Netherlands, The Times, 22 Feb. 2000 194
Van Duyn Ltd v. The Home Office [1974] 3 All ER 178 201
Vauxhall Estates Ltd v. Liverpool Corporation [1932] 1 KB 733 127
Venables v. News Group Newspapers [2001] 1 All ER 908 443, 444,
504–506
Vilvarrajah v. U.K. [1991] 14 ECHR 248 386
Von Colson v. Land of North Rhine Westphalia [1984] ECR 1891 157
W.H. Smith Do It All Ltd v. Peterborough [1991] 4 All ER 193 108
Walker v. Baird [1892] AC 491 299
Walters v. W.H. Smith [1914] 1 KB 595 528
Wandsworth BC v. Winder [1985] AC 461 413
Ward v. Chief Constable of Avon [1986] The Times, 26th June 528
Wason v. Walter [1868] QB 73 225
Webb v. EMO Cargo [1992] 4 All ER 929 202, 435
Webb v. Minister of Housing [1965] 2 All ER 193 374
xxxv
Table of Cases
West Rand Central Gold Mining Co. v. R [1905] 2 KB 291 299
Western Fish Products v. Penwith District Council [1981]
2 All ER 204 301
Westminster Corporation v. London and North Western Railway
[1905] AC 426 374
Wheeler v. Leicester City Council [1985] 2 All ER 1106 302, 322
White and Collins v. Minister of Health [1939] KB 838 372
White v. City of Dallas 517 S.W. 2d 344 (1974) 165
Whitney v. California [1927] 274 U.S. 357 347
Wilkinson v. Barking Corporation [1948] 1 All ER 564 394
Williams v. Home Office (No. 2) [1981] 1 All ER 1151 333
Wilson v. Chief Constable of the Lancashire Police (2001) (Unreported) 530
Wilson v. First County Trust [2001] 3 All ER 229 436, 444, 451
Wilson v. IBA [1979] SC 351 261
Wingrove v. U.K. [1996] 24 EHRR 1 471
Winterwerp v. Netherlands, [1979] 2 E.H.R.R. 397
Wise v. Dunning [1902] 1 QB 167 378
Wolfe Tone’s Case (1798) St. Tr. xxiv, 624 68
Woolgar v. Chief Constable of Sussex [1999] 3 All ER 604 558
Woolwich Building Society v. IRC (No. 2 ) [1993] AC 70 405
World Wildlife Fund for Nature UK v. Commission [1997]
All ER (EC) 300 194
Wychavon D.C. v. Secretary of State [1994] The Times, 7th January 200
Wynne v. UK (1994) 19 EHRR 333 111
X and Y v. Netherlands [1985] ECHR Ser. A vol. 91 443, 468
X Ltd v. Morgan Grampian Publishers Ltd [1990]
2 All ER 1 46, 93, 108, 115, 139, 560–561
X (Minors) v. Bedfordshire County Council [1995] 2 A.C. 633 405, 406
X v. U.K. [1981] 4 E.H.R.R 188 127
Youssoupoff v. Metro-Goldwyn-Mayer Pictures Ltd [1934]
50 TLR 581 490
Z v. U.K. (2001) Application 29392/95 (E.C.H.R.) 407
Zamora, The [1916] 2 AC 77 565
Zumtobel v. Austria (1993) 17 E.H.R.R. 116 363, 430
Table of Statutes
Crime and Disorder Act 1998 481,
Access to Justice Act 1999 113
485, 525
Access to Personal Files Act 1987 551
Criminal Evidence (Amendment)
Act of Settlement 1701
Act 1997 514
66, 125, 244, 292
Criminal Justice Act 1987 519
Act of the Union of Wales 1536 160
Criminal Justice Act 1988 103
Act of Union with Ireland 1800 155
Criminal Justice (International
Act of Union with Scotland 1706
Co-operation) Act 1990 537
130, 150
Criminal Justice (Terrorism and
Anti-Terrorism, Crime and Security
Conspiracy) Act 1998 435, 437
Act 2001 87, 424, 452, 474, 569
Criminal Justice and Police
Appellate Jurisdiction Act 1873 113
Act 2001 346, 349, 484, 513, 545
Appellate Jurisdiction Act 1876 84
Criminal Justice and Public Order
Armed Forces Act 1966 355, 356
Act 1994 469, 470, 481, 482,
Armed Forces (Discipline)
483–484, 514, 518, 525
Act 2000 356
Crown and Parliament Recognition
Audit Commission Act 1998 167
Act 1689 66, 317
Australia Act 1986 163
Crown Proceedings Act 1947
297–298, 353, 357, 404
Bill of Rights 1688 13, 65, 214,
Crown Proceedings (Armed Forces)
275, 355
Act 1987 357
Art. 9 224, 226
British Nationality (Falkland
Islands) Act 1983 86
Data Protection Act 1998 313, 550
British Nationality (Hong Kong)
Defamation Act 1952 225
Act 1997 87
Defamation Act 1996 224
British Nationality Act 1981 86, 162
Deregulation and Contracting
Broadcasting Act 1990 261, 465
Out Act 1994 140, 317
Domestic and Appellate Proceedings
Canada Act 1982 129, 163
(Restriction of Publicity) Act 1968
Cinemas Act 1985 465
468
Civil List Act 1952 293
Drug Trafficking Act 1986 540
Civil Service (Management
Functions) Act 1992 317
Employment Act 1988 329
Colonial Laws Validity Act 1865
European Communities Act 1972
104, 163
40, 136, 181,
Companies Act 1995 519
196–197, 198–199
Contempt of Court Act 1981
European Assembly Elections
464, 466, 467, 560–561
Act 1978 186
Courts Act 1971 84
European Parliament Act 1999 253
Courts and Legal Services Act 1990
Exchequer and Audit Departments
113, 406, 497
Act 1866 275, 278
Courts Martial (Appeal)
Extradition Act 1989 87
Act 1968 356
xxxvi
Table of Statutes xxxvii
Income and Corporation Taxes
Family Law Reform Act 1969 244
Act 1988 276
Firearms Act 1968 537
Indecent Displays (Control)
Forfeiture Act 1870 236, 244
Act 1981 470
Forgery Act 1913 540
Insolvency Act 1986 236
Fox’s Libel Act 1792 492
Intelligence Services Act 1994
Franchise Act 1884 213
311, 567
Freedom of Information Act 2000
International Criminal Court
72, 78, 88, 319, 549, 550, 551–555
Act 2001 101
Fugitive Offenders Act 1967 87
Ireland Act 1949 116
Irish Church Act 1879 115
Government of Ireland
Irish Free State (Constitution)
Act 1920 155
Act 1922 155
Government of Wales Act 1998
Isle of Man Purchase Act 1765 162
58, 85, 160–62, 253
Government Resources and
Judicature Act 1873 112
Accounts Act 2000 72, 80, 339
Judicial Committee Act 1833
Greater London Authority Act 1999
85, 245
168, 254, 345
Judicial Pensions and
Retirement Act 1993 240
Juries Act 1974 220
Health Service Commissioners
Justices of the Peace Act 1997 84
Act 1983 313
Highways Act 1980 476
Knives Act 1997 514, 537
His Majesty’s Declaration of
Abdication Act 1936 292
Life Peerages Act 1958 238
Hong Kong Act 1997 63
Local Government Act 1972
House of Commons
167, 172, 175
(Disqualification) Act 1975
Local Government Act 1974
244, 245
177–178, 179
Housing Act 1985 175, 551
Local Government Act 1985 167
Housing Act 1996 80, 339
Local Government Act 1986 174
House of Lords Act 1999 237, 238,
Local Government Act 1988 465
Human Rights Act 1998 22, 88,
Local Government Act 1992 167
101, 113, 221, 339, 367, 425,
Local Government Act 1999
433 et seq., 514–515
170, 174
s.2 437
Local Government Act 2000 75, 89,
s.3 434, 444
140, 170, 171–172
s.4 438
Local Government (Access to
s.6 72, 441, 442
Information) Act 1985 550
s.7 570
Local Government and Housing
s.8 407
Act 1989 173–174, 175
s.9 407
Local Government and Rating
s.12 467, 493
Act 1997 167
s.13 471
Local Government Finance
s.14 444
Act 1988 175
s.19 438
Local Government Finance
s.21 152, 308, 434
Act 1992 174
Local Government (Miscellaneous
Immigration Act 1971 86, 333
Provisions) Act 1982 470
Immigration Act 1988 86
xxxviii Table of Statutes
Police Act 1964 345, 519
Magistrates Court Act 1980
Police Act 1996 345–346, 347,
468, 526
348, 353
Meeting of Parliament Act 1870
Police Act 1997 311, 346–349, 514
215
Police (Northern Ireland)
Mental Health Act 1983 244
Act 2000 157
Ministerial and Other Salaries
Police and Criminal Evidence
Act 1975 244
Act 1984 351, 354, 515–516
Ministers of the Crown Act 1975
s.1 520–521
315, 317
s.2 522–523
Misuse of Drugs Act 1971 537
s.4 523–524
s.5 524
National Audit Act 1983
s.8 536, 537
278, 279, 311
s.9 536, 538
National Audit Act 1993 217
s.10 538
National Loans Fund Act 1968 276
s.11 539
National Minimum Wages
s.12 539
Act 1998 311
s.15 537
Naval Discipline Act 1971 355
s.16 541
Northern Ireland Act 1998 83, 85,
s.17 532–533
130, 157–159, 253–254
s.18 538
Northern Ireland (Temporary
s.19 538
Provisions) Act 1972 156
s.24 524, 527
Northern Ireland Act 1974 156
s.25 527, 529
s.27 529
Northern Ireland Assembly
s.28 528
Act 1973 156
s.30 531–532
s.32 533, 538
Obscene Publications Act 1959
s.61 530
24, 469–470
Sched. 1 535–536
Offensive Weapons Act 1996 525
Sched. 2 526
Official Secrets Act 1989
Political Parties, Elections and
547, 555–558
Referendums Act 2000 41, 75,
246–247, 248,
Parliament Act 1911 40, 53, 69,
249–250, 255,
128,134, 135, 214,
257, 258–261, 265
239, 241, 273–274
Pollution Prevention and Control
Parliament Act 1949
Act 1999 140
134, 135, 273–274
Prevention of Corruption
Parliament Papers Act 1840 182
Act 1916 229
Parliamentary and Health Services
Prosecution of Offenders
Commissioners Act 1987 286
Act 1985 352
Parliamentary Commissioner
Protection from Harassment
Act 1967 286, 313
Act 1997 481, 484, 524
Protection of Children
Parliamentary Commissioner Act
Act 1978 470
1994 286, 313
Provisional Collection of Taxes
Parliamentary Constituencies Act
Act 1968 276
1986 246, 255–257
Public Bodies (Admission to
Parliamentary Papers Act 1840 224
Meetings) Act 1960 551
Peerage Act 1963 237
xxxix
Table of Statutes
Security Services Act 1989
Public Bodies (Corrupt Practices)
415, 566–567
Act 1889 229
Security Services Act 1996
Public Interest Disclosure
439, 567
Act 1998 559
Seditious Meetings Act 1817 477
Public Order Act 1936 481
Septennial Act 1715 66, 214
Public Order Act 1986 473, 477,
Special Immigration Commission
478, 480–483
Act 1997 415, 453
Public Records Act 1958, 1967,
Statutory Instruments Act 1946
1975 550
70, 141, 281
Succession to the Crown Act 1707
Recess Elections Act 1975 247
244
Reform Act 1832 239
Supreme Court Act 1981 84
Reform Act 1867 47
s.31 404, 407, 408, 409, 410
Regency Act 1937 128
Regulation of Investigatory
Powers Act 2000 Telecommunications Act 1984 313
72, 333, 415, 568–571 Terrorism Act 2000
Rehabilitation of Offenders 452, 478, 514,
Act 1974 348 519, 525
Representation of the People Theatres Act 1968 469, 470
Act 1981 244 Theft Act 1968 539
Representation of the People Treason Felony Act 1848 424
Act 1983 246, 247–250, Transport and Works Act 1992 271
Tribunals and Inquiries
258, 259, 262
Representation of the People Act 1958–1992 70, 83, 84, 397
Act 1985 249
Representation of the People Utilities Act 2000 338
Act 2000 246, 250
Road Traffic Act 1972 519 Vagrancy Act 1824 527
Road Traffic Act 1988 519 Video Recordings Act 1984 469
Royal Assent Act 1967 274
Royal Titles Act 1953 292 War Damage Act 1965 126
Welsh Church Act 1914 211
Scotland Act 1998 58, 85, 131, Wireless Telegraphy Act 1949 465
151–154, 253
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Part I
Fundamental Principles
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1 The Nature of Constitutional Law
1.1 Introduction: What is a Constitution?
In this introductory chapter, in order to provide a perspective for the
rest of the book, I shall discuss some concepts, themes and issues
relating to constitutions generally. In democratic countries, constitu-
tional structures concern the competition between the collective goals
of the community and ideas of individual equality and freedom.
Constitutional law makes it possible for us to act collectively by co-
ordinating the interests of many individuals, for example by voting
mechanisms or judicial decisions. It also protects individuals against
abuses by those to whom we entrust power it being a sad feature of
human nature that those who seek power may be unfit to exercise it.
The political system of which the constitution is a skeleton can of
course be anything that the dominant groups in the community man-
age to impose on the people by appeals to morality or self-interest or
by means of violence, charismatic leadership, or reliance upon apathy.
A constitution provides safeguards which at the very least facilitate
peaceful change (or in some versions of democracy provides a means of
legitimating forcible change according to majority opinion).
There are debates concerning what should be the role of the state in
respect for example of providing public services or regulating the
economy. These debates do not always involve constitutional matters.
On the other hand it is arguable that democracy entails certain basic
rights of the individual, broadly encompassed within the concept of the
‘rule of law’, for example freedom of expression and a right to a fair
trial. It is arguable that, except in a situation of extreme emergency, no
government should trespass upon these even for a good social purpose.
Moreover economic decisions impact on constitutional concerns in
as much as the economically powerful have a lever in that they may be
able to manipulate those with political power to ensure that the consti-
tution works in their interest. At these points particular political issues