Uk Constitutional Law Cases

Front 1

Thoburn

Back 1

Parliamentary supremacy

Front 2

Entick v Carrington

Back 2

Rule of law
Executive power constrained

Front 3

IRC v Rossminster

Back 3

Power of statutory interpretation

Front 4

Malone v MPC

Back 4

Rule of law ineffective
Executive power

Front 5

Factortame

Back 5

Parliamentary supremacy
Revolution (Wade) vs Evolution (Laws LJ) view

Front 6

Duport Steels v Sirs

Back 6

Political judges
CoA looked at practical implications. Reversed in HL

Front 7

McGonnell v UK

Back 7

Independence of the judiciary

Front 8

ex parte Pinochet

Back 8

Independence of the judiciary

Front 9

Fire Brigades Union

Back 9

Parliamentary supremacy
Executive power constrained

Front 10

De Keysers Hotel

Back 10

Parliamentary supremacy
Executive power constrained

Front 11

Anderson, Venables, Offen

Back 11

Executive power constrained
Independence of the judiciary

Front 12

Woolwich Equitable Building Society v IRC

Back 12

Law making judges
Lord Keith dissenting

Front 13

Shaw v DPP

Back 13

Law making judges
Heavily criticised

Front 14

R v R

Back 14

Law making judges
Rule of law

Front 15

Burmah Oil

Back 15

Parliamentary supremacy
Rule of law
Restrospective law

Front 16

Pickin

Back 16

Parliamentary supremacy
Judges cannot question validity of an act

Front 17

Jackson

Back 17

Parliamentary supremacy
Bingham bedrock
Steyn general principle
Hope rule of law ultimate factor

Front 18

Manuel v AG

Back 18

Parliamentary supremacy
Legislating extraterritorialy

Front 19

Lardner-Burke

Back 19

Conventions not enforceable by court

Front 20

AG v Jonathan Cape

Back 20

Court came close to enforcing convention

Front 21

M v Zaire

Back 21

Rule of law
Executive power constrained

Front 22

Ellen Street Estates

Back 22

Parliamentary supremacy
Implied repeal

Front 23

Robinson v SoS for NI

Back 23

Political judges
Bingham "deepening divisions"

Front 24

R v A

Back 24

HRA
Act read down

Front 25

Mendoza

Back 25

HRA
Act read into

Front 26

Offen

Back 26

HRA
Linguistically strained

Front 27

Daly

Back 27

Proportionality

Front 28

A (FC)

Back 28

Proportionality
Declaration of incompatibility
Antiterrorism, Crime and Security Act 2001

Front 29

Bellinger

Back 29

HRA
Declaration of incompatibility following Goodwin v UK judgement

Front 30

ex parte Brind

Back 30

Modified Wednesbury
Proportionality denied
Lord Lowry: supervisory role, specialist knowledge, stability, cost and time

Front 31

Denbigh High

Back 31

Proportionality
Application denied

Front 32

CCSU

Back 32

Strict Wednesbury
"Outrageous in its defiance of logic or accepted moral standards"
NJ
National security rendering case non justiciable

Front 33

ex parte Smith

Back 33

Wednesbury nationally, proportionality in ECtHR
NJ
National security did not render case non justiciable
DOP
Most anxious scrutiny

Front 34

Boyd v the army prosecuting authority

Back 34

HRA
Morris v UK not binding

Front 35

ABCIFER

Back 35

Dyson LJ critical of proportionality divide

Front 36

Alconbury

Back 36

Lord Slynn critical of proportionality divide

Front 37

Pegasus holdings

Back 37

DOP
Schiemann LJ used proportionality reasoning

Front 38

R v Barnsley ex parte Hook

Back 38

DOP
Incorrectly invoked as evidence of proportionality "altogether excessive and out of proportion"

Front 39

Bugdaycay

Back 39

DOP
Where life or liberty are imperilled there is a special responsibility on the court in the examination of decision making

Front 40

Blackburn

Back 40

NJ
Treaty of Rome non justiciable

Front 41

ex parte Rees Mogg

Back 41

NJ
Maastricht treaty justiciable

Front 42

Hosenball

Back 42

NJ
DOTR
"Cherished freedoms must take second place"

Front 43

McQuillan

Back 43

NJ
DOTR
Executive did not have to reveal grounds for believing him to be a terrorist.

Front 44

Gillan & Quinton

Back 44

NJ
National security successfully used domestically. Backwards step.

Front 45

A (FC)

Back 45

NJ
DOTR
Executive may declare national emergency but courts determine whether measures are strictly required.

Front 46

Blackburn (No. 1)

Back 46

NJ
Resource provision
Betting act must be enforced

Front 47

Blackburn (No. 3)

Back 47

NJ
Resource provision
Acceptable to confiscate but not arrest for obscenity

Front 48

International Traders Ferry

Back 48

NJ
Resource provision
No right to export

Front 49

ex parte St Germain

Back 49

NJ
Prison operational decisions
Prisoners protected by natural justice

Front 50

Nott CC v SOS for Environment

Back 50

NJ
Political issues
Rate support grant report approved by Parliament therefore courts do not get involved.
Separation of powers

Front 51

Wednesbury

Back 51

"A decision so unreasonable that no reasonable body could possibly have reached it"

Front 52

Backhouse v Lambeth

Back 52

Strict Wednesbury
Council house rent £7 to £17000

Front 53

Padfield

Back 53

Broad Wednesbury
Non compliance with objective of act
Discretionary executive power converted to a duty
Milk marketing board

Front 54

ex parte Fewings

Back 54

Broad Wednesbury
Improper purpose of act
Stag hunting

Front 55

Westminster v L&NW Railway

Back 55

Broad Wednesbury
Mixed motives

Front 56

Asher v SSE

Back 56

Broad Wednesbury
Political judges
Councillors rendered bankrupt

Front 57

Wheeler v Leicester CC

Back 57

Broad Wednesbury
Punishment motive
Rugby club

Front 58

ex parte Bromley LBC

Back 58

Broad Wednesbury
Electoral promise does not justify ultra vires
Political judges
Fares fair

Front 59

SSES v Tameside MBC

Back 59

Broad Wednesbury
VERY political judges
Discretionary power of minister to issue a direction turned into an objective test
Grammar schools

Front 60

Prescott v Birmingham Corp

Back 60

Broad Wednesbury
Political judges
Fiduciary duty/free public transport for pensioners
Local level interference

Front 61

Liversidge v Anderson

Back 61

Judicial deference
Executive power

Front 62

Smith v East Elloe

Back 62

Judicial deference
Ouster clause successful

Front 63

Duncan v Cammell-Laird

Back 63

NJ
PII
Plans of submarine.

Front 64

Conway v Rimmer

Back 64

NJ
PII
Courts have residual power to check documents

Front 65

Anisminic

Back 65

Judicial activism
Ouster clause failed
"Purported determination"

Front 66

R v CHA ex parte B

Back 66

NJ
Resource allocation of cancer treatment

Front 67

R (Rogers) v Swindon NHS PCT

Back 67

NJ
Resource allocation of cancer treatment
Policy of only "exceptional" cases unreasonable