Constitution in UK Law

Leading Cases
  • 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
    • House of Lords
    • 24 Junio 1993

    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.

  • Pepper (Inspector of Taxes) v Hart
    • House of Lords
    • 26 Noviembre 1992

    The days have long passed when the courts adopted a strict constructionist view of interpretation which required them to adopt the literal meaning of the language. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted.

  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Julio 1999

    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.

  • Woolmington v DPP
    • House of Lords
    • 05 Abril 1935

    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.

  • R v DPP ex parte Kebeline
    • House of Lords
    • 28 Octubre 1999

    In this area difficult choices may have to be made by the executive or the legislature between the rights of the individual and the needs of society. 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.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Diciembre 2000

    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.

  • Anisminic Ltd v Foreign Compensation Commission
    • House of Lords
    • 17 Diciembre 1968

    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.

See all results
Legislation
See all results
Books & Journal Articles
  • The Material Constitution
    • No. 81-4, July 2018
    • The Modern Law Review
    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...
  • Secrets of the Political Constitution
    • No. 62-2, March 1999
    • The Modern Law Review
    Book reviewed in this article: Adam Tomkins, The Constitution after Scott: Government Unwrapped
  • TINKERING WITH THE CONSTITUTION
    • No. 51-4, July 1988
    • The Modern Law Review
    The Noble Lie. The British Constitution and the Rule of Law. By Ian Harden and Norman Lewis.
  • The Australian Constitution as Symbol
    • No. 48-4, December 2020
    • Federal Law Review
    • 0000
    According to a conventional story told by scholars, the Australian Constitution is virtually invisible as a symbol within Australian political debate and culture. This article challenges that conve...
See all results
Law Firm Commentaries
See all results
Forms
  • Application to cancel a certificate of recognition of a tenants’ association
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to the Residential Property First-tier Tribunal.
    ... ... (b) ... Date of the certificate ... (c) ... Has there been any change in the constitution or rules of the association or number of members since the date given at 5(b) above? ...   Yes        No ... If Yes, please ... ...
  • Application for recognition of a tenants' association
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to the Residential Property First-tier Tribunal.
    ... ... For this purpose, a copy of this application form, together with copies of the constitution, the list of members, and any supporting documents, will be sent to the landlord ... REQUEST TO LANDLORD FOR RECOGNITION ... Has an ... ...
  • Specimen Directions Template (Birmingham Mercantile Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... Each party may [in addition] [in the alternative] provide a list identifying the constitution of one or more panels of neutral individuals who are available to conduct ADR procedures in this case prior to [*] ... On or before [*] the ... ...
  • Specimen Directions Template (Manchester Mercantile Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... Each party may [in addition] [in the alternative] provide a list identifying the constitution of one or more panels of neutral individuals who are available to conduct ADR procedures in this case prior to [*] ... On or before [*] the ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT