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15 Cards in this Set
- Front
- Back
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Dicta in support of Dicey
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Lee v Bude & Torrington Railway
Duport Ltd. v Sirs |
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EU law prevails even over constitutional law
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Internationale handelgesellshaft
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Interpretation Approach
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Lord Denning in McCarthys v Smith
Garland v British Rail Lister v Forth Dry Dock |
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HRA interpretation: Lord Hoffman
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Simms Lord Hoffamn "Even the most general words"
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Art 6 Cases
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R v A - right to examine witness conflicted with Youth Justice and Criminal Evidence Act
Lambert - Presumption of innocent conflicts with Misuse of Drugs Act 1971 |
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Academic Critiques of interpretation
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R v A
Klug: Turns the will of parliament on its head Nicol: Usurp Both prefer DoI's |
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Judicial comment interpretation in Ghaidan
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Lord Nichols in Ghaidan "may require departure from parliament's intention but shouldn't read into acts words which aren't there"
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DoI's Case
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Bellinger v Bellinger - post-op sex change problems with Matrimonial Clauses Act prompts Gender Recognition Act
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DoI's are strike downs in effect
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Kavanagh
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Judicial Defence of HRA and PS
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Lord Woolf in Donoghue v Poplar Housing - "only interpret not legislate"
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HRA interpretation preferred
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Lord Steyn in R v A "DoI's last restort"
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But then Lord Hope's dissent approach preferred
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Re: S & Ors: Re W & Ors: Re W & B (Children)
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Gay rent act case
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Ghaidan v Godin-Mendoza - DoI last Resort, "stained language"
Men & Woman = couple |
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s10
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short-cirits parmiantary sercunity
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Stats on DoI
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19 DoI
11 primary legislation in response 3 fast tracked 4 remedied before DoI made |
