Briefcase on Constitutional & Administrative Law (Briefcase by David Herling

By David Herling

The "Briefcase" sequence is designed for undergraduate legislations scholars to aid with realizing the fundamental rules of key instances in every one topic region. the easy and straightforward to keep on with structure encompasses a precis of key instances and appropriate laws less than a number of subject parts, which are learn along side better texts. The "Briefcase" sequence offers important summaries for college kids new to the subject in addition to a refresher for these revising for assessments. "Briefcase on Constitutional Administrative legislations" offers scholars with digests of the fundamental situations within the topic region, besides correct statutory fabric. because the final variation was once released, the Human Rights Act 1998 has come into strength and this variation consequently encompasses a variety of vital new situations facing the appliance of the ecu conference on Human Rights as a part of English legislations. those contain the next themes: interaction of family legislation with the conference: Douglas v hi! Ltd (2001) and Venables and Thompson v information staff Newspapers (2001); The making of declarations of incompatibility: R (on the appliance of Alconbury advancements Ltd) v Secretary of kingdom for the surroundings, shipping and the areas (2001) and R v Shayler (2002); privateness: A v B (A corporation) (2002), Campbell v replicate crew Newspapers (2002) and Douglas and Zeta Jones v hi! Ltd (2003); and Parliamentary privilege: lawyer common v Jones (1999) and Hamilton v Al Fayed (1999)

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The plaintiff appealed against the stay of proceedings to the Privy Council, which addressed the questions whether the defendant’s particulars infringed Art 9 and, if so, whether the New Zealand Court of Appeal had been correct to order a stay. The defendant submitted either that privilege only operated to prevent examination of a statement which was itself said to give rise to legal liability, or alternatively that privilege did not operate to protect the maker himself of a parliamentary statement against a defendant’s challenge to his veracity or bona fides.

Waddington v Miah (1974) HL: Presumption applied Facts The respondent had been convicted at Grimsby Crown Court on counts of being an illegal immigrant and being in possession of a false passport, contrary to ss 24 and 26 of the Immigration Act 1971. The offences were alleged, in the indictment, to have been committed on dates before the relevant sections had come into force. The Court of Appeal quashed the convictions on the ground that the language of the 1971 Act was not apt to compel a construction according its provisions retroactive effect.

He was under a duty to keep its introduction under consideration and not to procure events to take place and then rely on those events as grounds for not introducing the statutory scheme. In claiming that the introduction of the tariff scheme under the prerogative rendered undesirable the implementation of the statutory scheme, the Secretary of State had abused his discretion and had acted unlawfully. In the view of the minority, the Secretary of State was answerable to Parliament for any failure in his responsibilities, and that was the only place for any possible failure to be called into question.

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