PLAIR W3L2 1.10.2014
When individuals do not have identifiable or crystallised rights which are being
prejudiced, a test often used for entitlement to a hearing in particular is whether
they have a legitimate expectation. Such an expectation may be
Project Blue Sky v Australian Broadcasting Authortiy 1998
- Said it is an elusive principles.
- Begin to move away from this as well.
Held that a condition
- As to procedure might be both mandatory and d
Important arguments for:
o It isnt possible to foresee every difficulty within a particular
piece of legislation. Delegated legislation makes it possible to
amend such rules as how they are operated in practice starts
The Edinburgh Law School
PUBLIC LAW and INDIVIDUAL
16 September 2014, Dr. Cormac Mac Amhlaigh
[We will first look through the course guide. Please bring it with
Presumption is always in favour of liberty.
(1) Everyone has the right to liberty and security of person. No one shall
be deprived of his liberty save in the following cases and in accordance with a
procedure prescribed by law:
(a) the lawful de
Illegality in Judicial Review
The primary purpose of administrative law [.] is to keep the powers of
government within their legal bounds, so as to protect the citizen against their
abuse. The powerful engines of authority must be prevented from running
Right to join without interference by the sate in association in order to
attain various ends (association X v Sweden 1978).and not to join!
This doesnt mean however, that an individual has the right to join any
association, but the association also have
What is an arrest?
Swankie v Milne 1973 SLT 128.
.a legal act taken by officers of the law. carrying with it certain
important legal consequencesonce arrested not only is it the freedom of
action of the person arrested circumscribed, but he is also placed
Public Law & Individual Rights
Introduction to the Course:
Formative Exercise to hand into tutors during the semester.
Himsworth and ONeil book is the recommended reading
Assessment 100% exam
PLUS Can be reduced to simple element
Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas
without interference by public authority and regardless of frontiers. This article
shall not prevent States
Public Bodies Act 2011
- Ministers can make orders with the view to make something better.
- Modify funding or functions
o Needs to improve the functioning of public bodies and or service.
How to distinguish
PLAIR W3L1 30.9.2014
- Decision makers given powers to do something and the procedure by
which they must do it is described.
o The rule means that you must do what is prescribed.
The Human Rights Act 1998
- Introduces a range of substantive rights.
- Unique in terms of its procedural and structural framework.
- There is an attempt to strike a balance between the courts and Parliam
PLAIR W2L2 24.9.2014
- Once a named body has been given a discretion that named body cannot
further delegate that power unless the SI or statute can be read as having
- If th
PLAIR W7L2 29.10.2014
Search for what?
- Adair v McGarry 1933
o Fingerprints can be taken
S 18 Procedure Scotland Act 1995
Handprints, fnigerprints, toenails
Mellors v Normand 1996
- the individual sh
Wither v Reid
- 1979- when are you detained and when are you arrested?
o Defendant met off the train and the police had been tipped off that there
were drugs, there were no drugs.
o The police said stop were arr
What is a restriction?
- A ban on a meeting. (Association and H v Austria 1984)
- Restrictions as to where it may take place Rai, Allmond and Negotiate UK v UK.
- Restriction on time.
Does not constitute?
The Carltona Principle
- Ministerial responsibility?
o Individual responsibility from acts or omissions.
Carltona- wartime case in 1943
- Requisition of their factory by wartime govt the owners raised a wartime action
Road Traf)ic Act 1998
o Can arrest without a warrant on RC to suspect that individual driving
under the in)luence.
Mcleod v Shaw 1981
- Person convicted for drunk driving.
o The police did not have RS!
PLAIR W4L2 8.10.2014
- Govern USA!
Rule by the people was in effect rule by the majority,
- Might harm individuals and minorities.
- It actually must.
o Liberal Constitutionalism is concerned
Chapter 30 Bradley Ewing- Judicial Review
Role of Judiciary
First determine the legal rules that apply and then decide on the
facts whether the rules have been breached.
o Reading for later: D J Galligan 1982 2 OJLS 257
Bromley Council v Greater London
Human Rights and Civil Liberties
Human rights natural law and entitlements of all, by virtue of being
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in