Cases – Public Law Class

Tutorial/Test on cases and Principles

Kindly familiarize yourself with the following cases for the family law tutorial on Friday, 19^th 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.

2. 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)

3. 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)

4. 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)

5. 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.