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67 Cards in this Set
- Front
- Back
Thoburn
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Parliamentary supremacy
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Entick v Carrington
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Rule of law
Executive power constrained |
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IRC v Rossminster
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Power of statutory interpretation
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Malone v MPC
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Rule of law ineffective
Executive power |
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Factortame
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Parliamentary supremacy
Revolution (Wade) vs Evolution (Laws LJ) view |
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Duport Steels v Sirs
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Political judges
CoA looked at practical implications. Reversed in HL |
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McGonnell v UK
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Independence of the judiciary
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ex parte Pinochet
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Independence of the judiciary
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Fire Brigades Union
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Parliamentary supremacy
Executive power constrained |
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De Keysers Hotel
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Parliamentary supremacy
Executive power constrained |
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Anderson, Venables, Offen
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Executive power constrained
Independence of the judiciary |
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Woolwich Equitable Building Society v IRC
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Law making judges
Lord Keith dissenting |
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Shaw v DPP
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Law making judges
Heavily criticised |
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R v R
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Law making judges
Rule of law |
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Burmah Oil
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Parliamentary supremacy
Rule of law Restrospective law |
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Pickin
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Parliamentary supremacy
Judges cannot question validity of an act |
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Jackson
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Parliamentary supremacy
Bingham bedrock Steyn general principle Hope rule of law ultimate factor |
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Manuel v AG
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Parliamentary supremacy
Legislating extraterritorialy |
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Lardner-Burke
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Conventions not enforceable by court
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AG v Jonathan Cape
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Court came close to enforcing convention
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M v Zaire
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Rule of law
Executive power constrained |
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Ellen Street Estates
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Parliamentary supremacy
Implied repeal |
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Robinson v SoS for NI
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Political judges
Bingham "deepening divisions" |
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R v A
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HRA
Act read down |
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Mendoza
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HRA
Act read into |
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Offen
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HRA
Linguistically strained |
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Daly
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Proportionality
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A (FC)
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Proportionality
Declaration of incompatibility Antiterrorism, Crime and Security Act 2001 |
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Bellinger
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HRA
Declaration of incompatibility following Goodwin v UK judgement |
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ex parte Brind
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Modified Wednesbury
Proportionality denied Lord Lowry: supervisory role, specialist knowledge, stability, cost and time |
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Denbigh High
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Proportionality
Application denied |
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CCSU
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Strict Wednesbury
"Outrageous in its defiance of logic or accepted moral standards" NJ National security rendering case non justiciable |
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ex parte Smith
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Wednesbury nationally, proportionality in ECtHR
NJ National security did not render case non justiciable DOP Most anxious scrutiny |
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Boyd v the army prosecuting authority
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HRA
Morris v UK not binding |
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ABCIFER
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Dyson LJ critical of proportionality divide
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Alconbury
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Lord Slynn critical of proportionality divide
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Pegasus holdings
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DOP
Schiemann LJ used proportionality reasoning |
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R v Barnsley ex parte Hook
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DOP
Incorrectly invoked as evidence of proportionality "altogether excessive and out of proportion" |
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Bugdaycay
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DOP
Where life or liberty are imperilled there is a special responsibility on the court in the examination of decision making |
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Blackburn
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NJ
Treaty of Rome non justiciable |
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ex parte Rees Mogg
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NJ
Maastricht treaty justiciable |
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Hosenball
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NJ
DOTR "Cherished freedoms must take second place" |
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McQuillan
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NJ
DOTR Executive did not have to reveal grounds for believing him to be a terrorist. |
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Gillan & Quinton
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NJ
National security successfully used domestically. Backwards step. |
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A (FC)
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NJ
DOTR Executive may declare national emergency but courts determine whether measures are strictly required. |
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Blackburn (No. 1)
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NJ
Resource provision Betting act must be enforced |
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Blackburn (No. 3)
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NJ
Resource provision Acceptable to confiscate but not arrest for obscenity |
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International Traders Ferry
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NJ
Resource provision No right to export |
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ex parte St Germain
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NJ
Prison operational decisions Prisoners protected by natural justice |
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Nott CC v SOS for Environment
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NJ
Political issues Rate support grant report approved by Parliament therefore courts do not get involved. Separation of powers |
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Wednesbury
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"A decision so unreasonable that no reasonable body could possibly have reached it"
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Backhouse v Lambeth
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Strict Wednesbury
Council house rent £7 to £17000 |
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Padfield
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Broad Wednesbury
Non compliance with objective of act Discretionary executive power converted to a duty Milk marketing board |
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ex parte Fewings
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Broad Wednesbury
Improper purpose of act Stag hunting |
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Westminster v L&NW Railway
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Broad Wednesbury
Mixed motives |
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Asher v SSE
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Broad Wednesbury
Political judges Councillors rendered bankrupt |
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Wheeler v Leicester CC
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Broad Wednesbury
Punishment motive Rugby club |
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ex parte Bromley LBC
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Broad Wednesbury
Electoral promise does not justify ultra vires Political judges Fares fair |
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SSES v Tameside MBC
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Broad Wednesbury
VERY political judges Discretionary power of minister to issue a direction turned into an objective test Grammar schools |
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Prescott v Birmingham Corp
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Broad Wednesbury
Political judges Fiduciary duty/free public transport for pensioners Local level interference |
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Liversidge v Anderson
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Judicial deference
Executive power |
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Smith v East Elloe
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Judicial deference
Ouster clause successful |
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Duncan v Cammell-Laird
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NJ
PII Plans of submarine. |
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Conway v Rimmer
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NJ
PII Courts have residual power to check documents |
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Anisminic
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Judicial activism
Ouster clause failed "Purported determination" |
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R v CHA ex parte B
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NJ
Resource allocation of cancer treatment |
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R (Rogers) v Swindon NHS PCT
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NJ
Resource allocation of cancer treatment Policy of only "exceptional" cases unreasonable |