Sunday, November 28, 2010

Assignments- Coming Soon...

I still have about 6 assignments that were sent to me later to mark. You will be receiving those in a day or two.

PUBLIC LAW EXAM - Details

Examination Guide:

The examination for public law will be held on December 4th 2010. It will consist of 8 questions. Students will be required to answer four questions in 3 hours. The Exam will begin at 8:30 AM Sharp. Students are advised to arrive at least 15 minutes before the start of the class. All papers will be collected at 11:30 irrespective of the time the student started the exam. Remember - I will not be there to hear your appeals.

The following areas will be covered by the examination.

  • The nature of the British Constitution
  • Constitutional Conventions generally, and ministerial responsibility in particular
  • The role and function of key constitutional institutions, and their relationship to the crown
  • Parliamentary Sovereignty
  • The Royal Prerogative
  • The Rule of Law
  • The Separation of Powers (especially arguments about the extent to which it exists in the UK constitution)

The questions will be based on your notes and from the study guide. Students are asked to pay particular attention to the exercises at the end of each chapter of the study guide, and within the bodies of the relevant chapters.

Remember, underline cases and state the year in which the case was decided.

Good luck

Friday, November 26, 2010

Greetings...

I hope you are studying hard for the  exams. Please feel free to leave any exam related questions here.

Tuesday, November 16, 2010

Cases – Public Law Class

Tutorial/Test on cases and Principles

Kindly familiarize yourself with the following cases for the family law tutorial on Friday, 19th November 2010. A short, multiple choice quiz will be administered on Friday based on the cases and principles outlined below.

  1. Sources of Constitutional Law:

State the statutory and common law sources of the UK Constitution

Identify the non-legal sources of the UK constitution

Identify the European sources of the UK Constitution

What are conventions? Give a few examples.

  1. The Separation of Powers

What are the major institutions of the British State?

Understand the relationship between the major institutions of the British state as outlined in the following cases:

Executive & Judiciary Relationship:
  • M v Home Office (1994)

  • Council of Civil Service Unions v Minister for Civil Service (1985)

Legislature/Judiciary Relationship

Pickin v British Railway Board (1974) on the power of judges to question the validity of legislation

Magor and St. Mellons RDC v Newport Corporation (1952) Power of judges to “make laws”
See also –
On the power of parliament to pass retrospective legislation

  • Burmah Oil Co Ltd. V Lord Advocate (1965)

  • R v R (1992)

  • Waddington v Miah (1974)




  1. The Rule of Law

- Definition of Rule of Law:

- Dicey and the rule of law: (Especially Dicey’s Rule 1)

  • R v R (1992)

  • Waddington v Miah (1974)

Practical Manifestations of the rule of law:

  • Entick v Carrington (1765)

  • The Rossminster Case (1980)

  • Malone v Metropolitan Police Commissioner (1979)

  • Malone v United Kingdom (1984)

  • In Re M (1993)

  • A v Secretary of State for the Home Department (2004)


The Principles of Natural Justice: “No man shall be a judge in his own cause”

  • Dimes v Grand Junction Canal Proprietors (1852)

  • R v Bow Street Stipendiary Magistrate, Ex Parte Pinochet (1999)

  1. The Royal Prerogative

The power of the courts over the operation of the Prerogative

  • The Case of Prohibitions (1607)
  • BBC v Johns (1965)
  • Attorney-General v de Keysers Royal Hotel (1920)
  • R v Secretary of State ex parte Fire Brigades Union (1985)




  1. Parliamentary Sovereignty
Parliament can legislate on any subject matter:
 Madzimbabuto v Lardner-Burke

No Parliament can be bound by its predecessor nor bind its successor
MacCormick v Lord Advocate

Nobody can challenge the validity of an Act of Parliament – including the courts:

  • Jackson v Attorney-General (2006)

  • Pickin v British Railways Board (1974) on the “enrolled bill” rule.


Wednesday, November 3, 2010

Friday Tutorial, Saturday Class

For Friday's Tutorial, please prepare to present the responses to the three questions that were assigned to the class 2 weeks ago. 

There will be a class on Saturday. Please read Chapter 8 of the Study Guide: "The Structure of Government"


Monday, November 1, 2010

LATE ASSIGNMENTS

Class:

The assignments were due on Saturday. I will not be accept any assignment that is emailed to me after 10pm tomorrow (Tuesday, 2nd November, 2010).

Victor Brobbey