Emergency Legislation in UK Law

  • O'Hara v Chief Constable of the Royal Ulster Constabulary
    • House of Lords
    • 12 December 1996
    ... ... matter was governed by section 11(1) of the Northern Ireland (Emergency Provisions) Act 1978. It reads as follows: "Any ... Moreover, the legislation was in much wider terms inasmuch as it authorised arrest for the purpose ... ...
  • Liversidge v Anderson
    • House of Lords
    • 03 November 1941
    ... ... By section I (1) of the Emergency Powers (Defence) Act, 1939, it was provided that His Majesty by Order in ... Magna Carta and the Bill of Rights, and they contend that legislation dealing with the liberty of the subject must be construed, if possible, in ... ...
  • A, X and Y and Others and Secretary of State for the Home Department
    • House of Lords
    • 16 December 2004
    ... ... it is permissible under Article 15 even in the event of a public emergency threatening the life of the nation. 80. The ... section it was recognised that the extended power in the new legislation to detain a person against whom no action was being taken with a view to ... ...
  • Johnson v Moreton
    • House of Lords
    • 27 July 1978
    ... ... to get round the provisions of the Agricultural Holdings legislation both as it had existed up to that point and as Parliament might enact it ... of the War Time emergency legislation of 1939 in Soho Square Syndicate v. Pollard [1940] Ch. 638, ... ...
  • R (on the application of Keyu) v Secretary of State for Foreign and Commonwealth Affairs
    • Supreme Court
    • 25 November 2015
    ... ... , there was an insurgency, which became known as the "Malayan Emergency", and in which members of what had been the communist Malayan People's ... time than would be covered by the inquiries provided by such legislation and/or by the Human Rights Convention ... Jurisdiction ... ...
  • Chandler and Others v Director of Public Prosecutions
    • House of Lords
    • 12 July 1962
    ... ... and on constant alert: he then said that in the event of an emergency any interference with the ability of these aircraft to take off would ... In emergency legislation they frequently are. In exceptional cases they can be implied: Liversidge ... ...
  • Burmah Oil Company (Burma Trading) Ltd v Lord Advocate
    • House of Lords
    • 21 April 1964
    ... ... of Parliament to withhold supply and to refuse to continue legislation essential for the maintenance of a standing army: and so also has the ... So the prerogative certainly covers doing all those things in an emergency which are necessary for the conduct of war. It has been suggested that ... ...
  • Bank Mellat v HM Treasury (No 2)
    • Supreme Court
    • 19 June 2013
    ... ... It was approved by the Delegated Legislation Committee of the House of Commons on 28 October and by the Grand Committee ... terrorist suspects, was "strictly required" by the public emergency represented by the threat of terrorist attacks in the United Kingdom. A ... ...
  • East End Dwellings Company Ltd v Finsbury Borough Council
    • House of Lords
    • 25 July 1951
    ... ... Act and no principle laid down in the Act, or in the earlier legislation to which our attention was directed, which would justify your Lordships in ... ...
  • Re F (Mental Patient: Sterilisation); F v West Berkshire HA
    • House of Lords
    • 04 May 1989
    ... ... in ordinary traffic but also ability to react quickly in an emergency. I could well understand that if such an attack is followed by severe ... the respondents for the use of their solicitors in anticipated legislation. The second principle thus indicates that the respondents are entitled to ... ...
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