Public Law

• 1) Written+Unwritten (Uncodified)
• 2) Rigid+Flexible
• 3) Republican+Monarchical
• 4) Unitary+Federal (Multilayered)

• 1) Gov. from House of Commons
• 2) Parliament apex, unchecked by const. court
• 3) ministers are accountable to Parliament

• Delegated leg: affirmative, negative procedures
• back-bench MPs, draft Bills

Complete ban on voting by prisoners (Representation of the People Act 1983) breaches Protocol 1, Art.3 ECHR

Southern Rhodesia Act 1965: Lord Reid: Southern Rhodesia remained a British colony - Parliamentary supremacy

Enrolled Bill Rule: Lord Campbell: Act of Parliament will not be challenged by courts due to defects or procedural irregularities

Doctrine of implied repeal

Constititutional Statutes, defining fundamental rights must be repealed expressly (and not impliedly): EC Act 1972, Magna Carta, Bill of Rights 1689, Acts of Union, Reform Acts, Scotland/Wales Act 1998, HRA 1998

manner and form argument

• Money Bills must be approved without amendment within one month
• Government of Ireland Act 1914
• War Crimes Act 1991
• Hunting Act 2004

Parliamentary supremacy not part of Scottish Law

Supremacy of Community Law restricts absolute authority of Parliament

• 1) accessible, intelligible, clear, predictable
• 2) solve questions by applying the law not discretion
• 3) equal to all (except objective differences)
• 4) ministers/public officials excersise powers in good faith, fairly, for the purpose, without exceeding limits, not unreasonably
• 5) fundamental rights
• 6) dispute resolution: without prohibitive cost or undue delay
• 7) fair adjudicative procedures
• 8) compliance with international law

• 1) no punishment/loss except for breach of law established in court, no arbitrary/discretionary power
• 2) no one is above the law
• 3) general principles of constitution are results of judicial decisions determining rights of private persons

warrant to seize powers not justified by statute/common law

Home Secretary guity of contempt of court for deporting an asylum seeker

detention of non-UK security threat individuals under the Antiterrorism, Crime and Security Act 2001 discrimination under Article 14 ECHR

decision to drop prosecution of an arms company for corruption on grounds that national security was threatened was lawful

-public emergency threatening life of nation-ACTSA 2011 detention not proportionate-discrimination

acceptability of evidence that may have been obtained by torture

Article 3 ECHR may prevent the forced deportation

• unmarried northern irish couple may adopt, even though ECtHR Frette v
• France (2003) permitted discrimination against single homosexual

• a person living with the original tenant as his or her wife or husband
• may be interpreted as including same-sex partners under s.3 HRA

Irrationality: Wednesbury unreasonableness

Instrumentalism: correct outcomeProcess Values: respect to dignity and autonomy of individuals

• Council of Civil Service Unions v Minister for the Civil Service (1985):
• past practice of consulting unions over changes to t'n'cs: expectation,
• however: non-justiciable nat. securityR v North and East Devon Health Authority, ex p Coughlan (2001): stay in nursing home for life.

R v Department of Education and Employment ex p Begbie (1999): no assisted place, since scheme abolished by statute

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (2001): not a clear and unambiguous promise to Chagos Islanders to return (foreign affairs non-justiciable)

• Forsyth: expressly/implicitly Parliament
• Jowell: unwritten

delegate to departments, retain ministerial responsibility

unfettered excersise of discretion

Ministry must act in accordance with general purpose of Act, not improper purposes.

improper purpose: sale of council housing stock to give Conservative Party an advantage

Standing

Amenability (Caerphilly Contract, not amenable)

Joint Ministerial Committee, agreements: concordats (referendum Scottish independence)

ECJ: Van Gend en Loos (1963): precise, clear, unconditional, no further measures

later statute and overriding EU law

Macarthy's v Smith (1979): presumption: Parliament intended no EU conflict

R v Secretary of State for Transport, ex p Factortame Ltd and others (No 2) (1991)

Hunting Act 2004 passed under Parliament Act 1949 is not delegated legislation, but primary legislation under the Parliament Act 1911

House of Lords should not oppose proposals put before the electorate (manifestos, coalition agreement)

enables ministers to amend Acts of Parliament using SI

Hansard tool for statutory interpretation

Malone v Metropolitan Police Commissioner (1979)

complete overlap prerogative-statutory, statutory wins

no clear overlap prerogative/statutory, courts may follow one or other

courts reluctant to challenge prerogative power to go to war and deploy troops

• Government/Civil Service
• Justice/Law+Order
• Foreign Affairs
• Armed Forces, Wars, Emergencies
• Miscellaneous
• Archaic

separation of powers

separation of legislative/judiciary

courts do not judge on political issues

Heads of State/Government

• One ministerial representative from each MS government
• Qualified Majority Voting: number of MS, proportions of total population represented by MS

• appointed, not accountable to MS gov
• initiate and draft legislation

improve social acceptance by engaging EU citizens

• Commons: European Scrutiny
• Commons: Foreign Affairs
• Lords: EU Select

• TEU
• TFEU

requirement to hold referendum after future significant treaty change

• Delegating discretion
• Fettering discretion
• Relevant and irrelevant considerations and improper purposes