- •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.
Ing the constitution only because its members were easily corrupted by
the patronage of the Crown, a sentiment that modern observers might
share (Essays, Moral, Political and Literary, 25).
However, external observers might have underestimated the unity
of interest that connected the House of Lords and the House of
Commons. The elected House of Commons was dominated by patron-
age from the House of Lords. Aristocratic interests ran local affairs
and influenced elections by means of bribing or intimidating voters.
Heads of families sat in the Lords, their younger sons in the Com-
mons. In the counties the right to vote was limited to relatively wealthy
property owners and the seats were often in the gift of the landed
families. In the boroughs the number of seats and the right to vote were
based on ancient charters bearing no relation to the size of population.
For example, the notorious ‘rotten borough’ of Old Sarum had two
buildings and two Parliamentary seats while Manchester with a pop-
ulation of more than 60,000 had no seats (see Paine, 1987, p. 222
et seq.). In the boroughs, Parliamentary seats were sometimes attached
to particular properties, sometimes to membership of town councils,
sometimes to self-sufficient householders (‘potwalloper boroughs’) or
local ratepayers and could sometimes be sold and/or handed down
from father to son.
The industrial revolution of the late eighteenth and early nineteenth
centuries permanently changed the political scene. Britain escaped the
major revolution of France and America but from 1780 to 1832 there
was considerable agitation for the reform of Parliament. Universal
male suffrage was sought by radical groups of working people, but
resisted by Whigs and Tory establishments. By 1831 Britain was near
213
Parliament
to revolution, although as usual the rulers skilfully achieved a com-
promise. Respect for tradition and the propaganda of the rule of law
may have played a part (see Thompson, 1963, part III).
The first Reform Act of 1832, passed by a reluctant Parliament and
monarch to stave off revolution, was more important symbolically than
in what it actually achieved. It extended a uniform franchise to certain
moderately well-off property owners and new constituencies were
created in the growing urban areas. However, the extended franchise
was still property-based and reached only the urban middle classes.
Lord Grey, the prime minister, said ‘there is no one more decided
against annual parliaments, universal suffrage and the ballot than I am.
My object is not to favour but to put an end to such hopes and projects’
(Thompson, 1963, p. 892), and ‘it is of the utmost importance to
associate the middle with the higher orders of society’ (ibid., p. 899).
Further electoral reforms took place gradually over the nineteenth
century and the property qualification was progressively removed.
In 1867 the urban working class were given the franchise and the Repre-
sentation of the People Act 1884 extended the franchise to most male
householders. The older ‘rotten boroughs’ were abolished, so that the
influence of landlords and the Crown was reduced. This was also due to
the introduction of secret ballots (1872), financial controls over election
campaigns (1883) and the principle that constituencies should reflect
the number of people within them (Franchise Act 1884). However, it
was not until 1914 that a universal male franchise was introduced and
only in 1928 were women given the franchise on the same basis as
men. In 1945 surviving anomalies such as special university votes were
abolished and in 1969 the voting age was reduced from 21 to 18.
During the nineteenth century there were many proposals for reform
of the House of Lords and throughout the century there was an uneasy
stalemate between the Lords and the Commons. The Lords claimed the
right to veto legislation but not to amend financial measures, since by
convention money could be supplied only by the Commons. There was
also a convention that the Lords should give way to the Commons
whenever the will of the people was clearly behind the Commons. This
gave the Lords the right to precipitate a general election. Thus, it is
sometimes claimed that the Lords are the guardians of democracy
against the executive.
During the early years of this century the Liberal government intro-
duced a programme of social reform. The Lords opposed much of this,
and the uncertain conventions governing the relationship between
Lords and Commons became crucially important. Furthermore it was
unclear whether the monarch could refuse to accept the advice of the
