By David Herling

ISBN-10: 1843145707

ISBN-13: 9781843145707

ISBN-10: 1859417604

ISBN-13: 9781859417607

The ''Briefcase'' sequence is designed for undergraduate legislations scholars to aid with realizing the basic rules of key situations in each one topic quarter. the straightforward and straightforward to stick with format encompasses a precis of key instances and appropriate laws below a variety of subject parts, which are learn together with better texts. The ''Briefcase'' sequence offers priceless summaries for college students new to the subject in addition to a refresher for these revising for assessments. ''Briefcase on Constitutional Administrative Law'' presents scholars with digests of the fundamental circumstances within the topic quarter, besides appropriate statutory fabric. because the final version was once released, the Human Rights Act 1998 has come into strength and this version consequently features a variety of very important new instances facing the applying of the ecu conference on Human Rights as a part of English legislations. those comprise the subsequent themes: interaction of family legislation with the conference: Douglas v hi! Ltd (2001) and Venables and Thompson v information team Newspapers (2001); The making of declarations of incompatibility: R (on the applying of Alconbury advancements Ltd) v Secretary of nation for the surroundings, delivery and the areas (2001) and R v Shayler (2002); privateness: A v B (A corporation) (2002), Campbell v replicate team Newspapers (2002) and Douglas and Zeta Jones v hi! Ltd (2003); and Parliamentary privilege: legal professional normal v Jones (1999) and Hamilton v Al Fayed (1999)

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Counsel for the defendant suggested that admission of the evidence might involve the court in a breach of parliamentary privilege. Decision The court held that the evidence would be excluded. It was clear that no action for defamation could be maintained on the basis of what was said in Parliament. It would equally be a breach of privilege to permit reference to Hansard’s reports of parliamentary proceedings as evidence to support a cause of action arising outside Parliament. Extracts from Hansard could be read in court without further comment in order to establish matters of fact, but it was not proper to draw further inferences from them.

Where an administrative order or regulation was required by statute to be approved by resolution of both Houses of Parliament, the court could, in an appropriate case, intervene by using judicial review to examine the governmental exercise of the discretion to operate that procedure before both Houses had given their approval. However, the jurisdiction to do so was to be exercised with great circumspection in order to avoid encroaching on the functions of Parliament. 22 Briefcase on Constitutional & Administrative Law Per Sir John Donaldson MR: Although the UK has no written constitution, it is a constitutional convention of the highest importance that the legislature and the judicature are separate and independent of one another, subject to certain ultimate rights of Parliament over the judicature which are immaterial for present purposes.

The cut and thrust of debate and the pressures of executive responsibility, essential features of open and responsible government, are not always conducive to a clear and unbiased explanation of the meaning of statutory language. And the volume of parliamentary and ministerial utterances can confuse by its very size. Secondly, counsel are not permitted to refer to Hansard in argument. So long as this rule is maintained by Parliament (it is not the creation of the judges), it must be wrong for the judge to make any judicial use of proceedings in Parliament for the purpose of interpreting statutes … Pepper (Inspector of Taxes) v Hart (1993) HL: Exception to the general principle Facts The appellants, who were members of staff at an independent school, had received a taxable benefit – the education of their sons at concessionary fees at that school.

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Briefcase on Constitutional & Administrative Law by David Herling


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