- •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.
Is dominated by government business. This is why Bagehot thought
that the absence of a strict separation of powers made the UK con-
stitution an effective machine for ensuring government by experts.
By convention Parliament can dismiss a government by a vote of
no confidence and also require a minister to resign. These sanc-
tions are rarely used. The fact that ministers are also MPs weakens
Parliament’s independence since backbench MPs, who are meant to
hold the government to account, may be corrupted by the desire
to become ministers themselves.
Executive domination of Parliament must not be overstated. Par-
liament, although dominated by members of the executive, remains a
separate institution with large powers of its own and protection
against executive interference which it could use were it so minded.
Government proposals must be publicly explained in Parliament and
ministers must justify their decisions in public if required to do so by
Parliament. The Opposition is a formal institution protected by the
law of parliamentary procedure – a government and prime minister
in waiting. The Opposition has a duty to oppose government policy,
short of actually frustrating the governmental process, and forms a
‘shadow cabinet’ ready to take office immediately (see Brazier, 1988).
The Speaker who presides over the House of Commons has a duty to
ensure that the procedure is fair and to protect minorities. In prac-
tice, however, recent opposition parties have been extremely weak,
as a result of internal conflicts and failure to recover from damaging
election defeats.
218 General Principles of Constitutional and Administrative Law
10.3.2 The House of Lords
The House of Lords currently comprises some 695 persons. It is
unusual among legislative chambers in the following respects:
. Its members are not elected. Most of them are peers appointed by
the Crown on the advice of the prime minister, or have inherited
their seat from ancestors who were so appointed. There are also
26 senior Church of England bishops. Thus in many cases member-
ship is compulsory although attendance is not.
. Members other than the bishops sit for life.
. Members receive no payment other than expenses.
. Members have no constituencies and are accountable to no one.
About 25% of the members are independent of political parties.
. By long-standing practice the proceedings of the House are regu-
lated by the House itself without formal rules or disciplinary sanc-
tions, members being treated as bound by ‘personal honour’.
The House of Lords could therefore be depicted as a constitutional
abomination, as a valuable ingredient of a mixed constitution or as
an anomalous relic which from a pragmatic perspective might never-
theless have some useful functions.
A common justification for a second chamber is to represent the
different units of a federal system with the first chamber representing
the popular vote, as for example in the United States. The conven-
tional justification for the existence of a second chamber in the UK