Constitutional Reform in UK Law

Leading Cases
  • Bovale Ltd v Secretary of State for Communities and Local Government
    • Court of Appeal (Civil Division)
    • 11 March 2009

    If a Head of Division exercised that inherent power to give directions as to a procedure to be adopted in a particular court as happened before the 2005 Act, and a fortiori if the direction is given with the approval or agreement of the Lord Chief Justice and Lord Chancellor, it cannot be open to another judge of the court to which the practice direction is intended to apply to ignore that practice direction or to suggest in a judgment that a practice direction should no longer be followed in that court.

  • Lee v Ashers Baking Company Ltd and Others
    • Supreme Court
    • 10 October 2018

    The Northern Ireland Court of Appeal is a superior court, but the underlying question of construction remains, whether the legislature has by article 61(7) of the 1980 Order, set out in para 62 above, excluded any right of appeal in circumstances such as the present. The finality provision in article 61(7) is therefore focused on the decision on the point of law, not on the regularity of the proceedings leading to it.

  • AXA General Insurance Company Ltd v Lord Advocate
    • Supreme Court (Scotland)
    • 12 October 2011

    The Scottish Parliament takes its place under our constitutional arrangements as a self-standing democratically elected legislature. Its democratic mandate to make laws for the people of Scotland is beyond question. Acts that the Scottish Parliament enacts which are within its legislative competence enjoy, in that respect, the highest legal authority. The United Kingdom Parliament has vested in the Scottish Parliament the authority to make laws that are within its devolved competence.

    A requirement that the applicant demonstrate an interest in the matter complained of will not however operate satisfactorily if it is applied in the same way in all contexts. In some contexts, it is appropriate to require an applicant for judicial review to demonstrate that he has a particular interest in the matter complained of: the type of interest which is relevant, and therefore required in order to have standing, will depend upon the particular context.

  • FP (Iran) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 23 January 2007

    Section 106(1A) requires the Lord Chancellor to seek to make rules which balance the requirements for fairness, speed and efficiency. In this field, speed and efficiency are unquestionably important, but there must be a limit to the degree to which fairness can be sacrificed in order to achieve speed and efficiency. It must still be possible to say that a rule which has been designed to achieve speed and efficiency is fair in its operation.

  • R (Miller and Another) v Secretary of State for Exiting the European Union; Re McCord's application
    • Supreme Court
    • 24 January 2017

    This principle rests on the so-called dualist theory, which is based on the proposition that international law and domestic law operate in independent spheres. The second proposition is that, although they are binding on the United Kingdom in international law, treaties are not part of UK law and give rise to no legal rights or obligations in domestic law.

  • R R Cart (First Claimant) U (Second Claimant) XC (Third Claimant) The Upper Tribunal (First Defendant) Special Immigration Appeals Commission (Second Defendant) The Secretary of State for Justice (First Interested Party) The Secretary of State for the Home Department (Second Interested Party) Child Maintenance & Enforcement Commission (Third Interested Party) Mrs Wendy Cart (Fourth Interested Party) The Public Law Project (Intervener)
    • Queen's Bench Division (Administrative Court)
    • 01 December 2009

    section IV(2)(a) below I discuss the historic primacy of the High Court's predecessor, the Court of King's Bench. To offer the same guarantee of properly mediated law, any alternative source must amount to an alter ego of the High Court; and indeed there are instances where the authoritative source is another court, such as the Court-Martial Appeal Court and the Restrictive Practices Court (see the reference at paragraph 71 below to R v Cripps, ex parte Muldoon [1984] 1 QB 68).

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Books & Journal Articles
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Law Firm Commentaries
  • Public Bodies (Reform) Blog: Second Reading in the Lords
    • Mondaq United Kingdom
    ... ... The alternative opposition proposal in the name of Lord Hunt of Kings Heath, that the Bill be referred, as the Constitutional Reform Bill had been in 2004, to a Select Committee, was rejected by 188 votes to 151 ... Speakers, and over 50 peers sought to contribute, were ... ...
  • Article 50 - Royal Prerogative Or Parliament?
    • Mondaq UK
    ... ... Constitutional position ... Article 50 provides that it is for the United Kingdom to ... While the Constitutional Reform and Governance Act 2010 requires that treaties are laid before the Houses ... ...
  • The Queen's Speech And Infrastructure
    • Mondaq United Kingdom
    ... ... programme will focus on economic growth, justice and constitutional reform. My Ministers' first priority will be to reduce the deficit and ... ...
  • Better together after all – real estate in the UK
    • LexBlog United Kingdom
    After months of waiting, the results are finally known.  Scotland has voted to remain part of the Union, established back in 1707. When it joined, it kept its own established legal system which it ...
    ... ... in the wake of todays results and the clear appetite for constitutional ... ...
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