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UK · Year 1 · Public Law

Sovereignty, Rule of Law & Fairness

More public law cases.

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  1. 1.R v Secretary of State for Transport, ex p Factortame (No 2) [1991] — held?

    UK courts could disapply an Act of Parliament (the Merchant Shipping Act 1988) that conflicted with directly effective EU law.

    [1991] 1 AC 603 (HL)

  2. 2.Pickin v British Railways Board [1974] — principle?

    Courts will not inquire into the parliamentary procedure by which an Act was passed (the enrolled bill rule).

    [1974] AC 765 (HL)

  3. 3.Case of Proclamations (1610) — principle?

    The King cannot change the law of the land by proclamation; prerogative is limited to what the law allows.

    (1610) 12 Co Rep 74

  4. 4.Ridge v Baldwin [1964] — held?

    A chief constable dismissed without a hearing was denied natural justice; the right to be heard applies to administrative decisions affecting rights.

    [1964] AC 40 (HL)

  5. 5.Padfield v Minister of Agriculture [1968] — principle?

    A statutory discretion must be used to promote the policy and objects of the Act, not to frustrate them.

    [1968] AC 997 (HL)

  6. 6.R (UNISON) v Lord Chancellor [2017] — held?

    Employment tribunal fees were unlawful because they prevented access to justice, a constitutional right inherent in the rule of law.

    [2017] UKSC 51

  7. 7.R (Privacy International) v Investigatory Powers Tribunal [2019] — held?

    The ouster clause did not exclude judicial review of the tribunal for errors of law; clear words would be needed, and there may be limits even then.

    [2019] UKSC 22

  8. 8.R (Evans) v Attorney General [2015] — held?

    The Attorney General's veto overriding a tribunal's decision to disclose Prince Charles's letters was unlawful.

    [2015] UKSC 21

  9. 9.Bank Mellat v HM Treasury (No 2) [2013] — proportionality stages?

    (1) Is the objective sufficiently important? (2) Is the measure rationally connected to it? (3) Could a less intrusive measure be used? (4) Is there a fair balance between the rights of the individual and the community?

    [2013] UKSC 39

  10. 10.Which Act repealed the Fixed-term Parliaments Act 2011?

    The Dissolution and Calling of Parliament Act 2022, which revived the prerogative power to dissolve Parliament.

    Dissolution and Calling of Parliament Act 2022

  11. 11.Article 9 of the Bill of Rights 1689?

    Freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament.

    Bill of Rights 1689, art 9