Constitution in UK Law
- administration of justice
- administrative law
- bona vacantia
- constitutional conventions
- constitutional reform
- delegated legislation
- democratic deficit
- diplomatic immunity
- direct effect
- emergency legislation
- exclusionary rule
- judicial immunity
- magna carta
- misfeasance in public office
- natural justice
- parens patriae
- parliamentary privilege
- parliamentary sovereignty
- privilege accorded to parliament
- public interest immunity
- public policy
- royal prerogative
- rule of law
- secretary of state
- separation of powers
- sovereign immunity
- state immunity
- statutory instrument
- statutory interpretation
R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.
R v Secretary of State for the Home Department, ex parte Simms
Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.
Anisminic Ltd v Foreign Compensation Commission
But there are many cases where, although the tribunal had jurisdiction to enter on the enquiry, it has done or failed to do something in the course of the enquiry which is of such a nature that its decision is a nullity. It may in perfect good faith have misconstrued the provisions giving it power to act so that it failed to deal with the question remitted to it and decided some question which was not remitted to it.
Woolmington v DPP
Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.
Brown v Stott (Procurator Fiscal, Dunfermline)
The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute. Limited qualification of these rights is acceptable if reasonably directed by national authorities towards a clear and proper public objective and if representing no greater qualification than the situation calls for.
R v DPP ex parte Kebeline
In some circumstances it will be appropriate for the courts to recognise that there is an area of judgment within which the judiciary will defer, on democratic grounds, to the considered opinion of the elected body or person whose act or decision is said to be incompatible with the Convention.
London & Clydeside Estates Ltd v Aberdeen District Council
When Parliament lays down a statutory requirement for the exercise of legal authority it expects its authority to be obeyed down to the minutest detail. At the other end of the spectrum the defect in procedure may be so nugatory or trivial that the authority can safely proceed without remedial action, confident that, if the subject is so misguided as to rely on the fault, the courts will decline to listen to his complaint.
- Our Republican Constitution
The Material Constitution
What is the material context of constitutional order? The purpose of this paper is to offer an answer to that question by sketching a theory of the material constitution. Moving beyond the interwar...
- The Political Constitution*
Secrets of the Political Constitution
Book reviewed in this article: Adam Tomkins, The Constitution after Scott: Government Unwrapped
Brexit Continues to Test the UK Constitution
n our last blog post, we mentioned that there had been three Court challenges to Prime Minister ?Johnson’s decision to prorogue Parliament until 14 October. All three of those challenges were ?dism...
Inventor of the World Wide Web Calls for an Online Constitution
On the 25th anniversary of his first proposal for what would become the World Wide Web, Sir Timothy John Berners-Lee expressed concern at what he sees as the increasing threat that governments and ...
- European Union (Withdrawal) Bill: Constitution Committee Call For Evidence
- The New Constitution: U.K. Supreme Court Intervenes In Brexit Debate