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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
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 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
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
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
7European human rights law and the Human Rights Act 1998 7.1 The European Convention on Human Rights and Fundamental Freedoms 7.1.1 The Council of Europe was founded in 1949 with the goal of post-war harmonisation across Europe. The Council accepted the UN Declaration of Human Rights 1948 as a model . . . Read more
12The constitutional role and configuration of judicial review 12.1 Defining the role of judicial review 12.1.1 Judicial review is the process whereby the judiciary examines the legality of the actions of the executive. Hence it represents the means by which the courts may control the exercise of governmental power. 12.1.2 . . . Read more
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
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
The contemporary role and possible reform of Parliament 9.1 A bicameral Parliament 9.1.1 Parliament is the main legislative body in the UK’s constitution. It is a bicameral body, meaning that it is comprised of two chambers, the House of Commons and the House of Lords. 9.1.2 The main functions of . . . Read more