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.

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"

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

REMINDERS FOR TODAY: NO CLASSES, ASSIGNMENT

I wish to remind you that there will be no class today, FRIDAY, 29th October or Tomorrow, Saturday, 30 October.

Students are reminded to hand in their assignments tomorrow as discussed.

Victor Brobbey

Tutorial Questions for 23 October 2010

Please prepare answers to the following questions for tomorrow's tutorial.


1. Under the United Kingdom's Constitution, constitutional conventions play a key role in maintaining flexibility. Their lack of a clear definition and uncertain application make reform essential.

Discus. What, if anything is your preferred option for reform.

2. Discuss the nature and importance of the doctrine of Separation of Powers making reference to the constitutional arrangements of the United Kingdom.

3. "The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based". (Lord Hope of Craighead in Jackson v Attorney-General)

Discuss

Definition of Conventions from Dicey & Marshall/Moody

Conventions are not easy things to define: Marshall & Moody Define Conventions as: 

rules of constitutional behaviour which are considered to be binding by and upon those who operate the constitution but which are not enforced by the law courts…nor by the presiding officers in the Houses of Parliament.

Also, the Noted Constitutional Law Scholar Albert Venn Dicey – Defines Conventions as:

The rules which make up constitutional law, as the term is used in England, includes two sets of principles or maxims of a totally distinct character. The once set of rules are in the strictest sense ‘laws’ since they are rules which …are enforced by courts; these rules constitute “constitutional law” in the proper sense of the term, and may for the sake of distinction be called collectively “the law of the constitution”

 The other set of rules consists of conventions, understandings, habits or practices which, though they may regulate the…conduct of the several members of the sovereign power…are not in reality laws at all since they are not enforced by the courts. This portion of constitutional law may, for the sake of distinction, be termed “conventions of the constitution” or constitutional morality”

Class On Friday (15 October 2010)

Students are reminded that there will be a class this Friday, 15th October 2010. We will be covering the Rule of law and finishing off Separation of Powers.