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Archive for June 2017

HUMAN RIGHTS GROUNDS FOR JUDICIAL REVIEW

16Human rights grounds for judicial review 16.1 An overview of human rights grounds for judicial review 16.1.1 This chapter has a slightly different structure and style to Chapters 1–15: • It begins with the use of ten key cases to explore the workings of human rights-based judicial review. • It . . . Read more

PROCEDURAL GROUNDS FOR JUDICIAL REVIEW

15Procedural grounds for judicial review 15.1 An overview of procedural grounds for judicial review 15.1.1 Lord Diplock in the GCHQ Case (discussed above) described procedural impropriety as ground of judicial review to include ‘the failure to observe basic rules of natural justice or failure to act with procedural fairness’ and . . . Read more

CONTEMPORARY AND FOUNDATIONAL ISSUES IN PUBLIC LAW

Contemporary and foundational issues in public law 1.1 What is a constitution? 1.1.1 A basic definition of a ‘constitution’ would be a body of rules regulating the way in which an organisation or institution operates. However, when the term ‘constitution’ is used in the context of a State’s constitution the . . . Read more

SUBSTANTIVE GROUNDS FOR JUDICIAL REVIEW

14Substantive grounds for judicial review 14.1 An overview of grounds for judicial review 14.1.1 It is extremely difficult to classify the grounds for judicial review since they are broad and can overlap. This was recognised by the House of Lords in Boddington v British Transport Police (1998). 14.1.2 The way . . . Read more

THE RULE OF LAW AND A SEPARATION OF POWERS

2The rule of law and a separation of powers 2.1 A description of the rule of law 2.1.1 The rule of law is capable of many definitions, based on both philosophical and political theories, and hence it is a difficult doctrine to explain definitively. 2.1.2 In basic terms, the rule . . . Read more

CONSTITUTIONAL CONVENTIONS

4Constitutional conventions 4.1 Definitions of constitutional conventions 4.1.1 A significant number of important constitutional principles are not found in either statute or common law and are unwritten. They are called conventions. 4.1.2 Many definitions of conventions can be found including, for example: • Austin – the ‘positive morality’ of the . . . Read more

PARLIAMENTARY SOVEREIGNTY

3Parliamentary sovereignty 3.1 A brief overview of parliamentary sovereignty, or ‘parliamentary supremacy’ 3.1.1 One of the key characteristics of the British constitution is the dominance of the legislature, Parliament. A result of the historical struggle between the Crown and Parliament (culminating in the Bill of Rights 1688), the doctrine is . . . Read more