PLAIR W2L1 23.9.2014
Grounds of Judicial Review: Illegality
- 3 Heads on which under the common law (judge made) that the courts
can and would review executive and administrative action.
o 4th potentially under deve
PLAIR W9L1 11.11.2014
Freedom of Association (Unions)
Article 11- not an absolute right.
- Freedom of individuals to come together in the protection of their
interests by forming a collective entity that represents
Guzzardi v Italy
- 1980- each case will turn on its facts. Incarceration is an obvious example but
there are all sorts of areas in between.
o This case: always a matter of degree and each case will be dealt with
Excess of Power
- Also called substantive ultra Vires
- Where a body has been entrusted with powers and then exceeds those powers it
acts ultra vires and the act is invalid.
o Latin lesson: Ultra v Intra
- D and
PLAIR W4L1 7.10.2014
Controls on Delegated Legislation
- Power that on occasion Parliament delegates to other bodies.
- How do these powers that are delegated to public authorities get carried
Entick v Carrington
- Kings messenger broke into the home of John Entick with force and arms, and
seized vital papers.
- Entick sought judgment against those cunts.
o The reason why his home was raided was because
PLAIR W5L1 14.10.2014
- Rights brought home.
- Sought to add a further layer of protection to Human rights by ensuring
that human rights could be enforced in domestic courts.
- Considered a paradigm shi
PLAIR W6L1 21.10.2014
Human Rights and Devolution
- Special provision made in the Scotland Act.
o Convention rights a limit to the
ASP not law in so far as the provisions of the law is
outside the co
- Audi alteram partem
o Ridge v Baldwin
Attitude change to greater scrutiny of the executive.
Courts were going to be more interventionist.
In its fuller sense, the right to a fair hearing is s
PLAIR W6L2 22.10.2014
Let us hope we have seen the last of Asanga and Elisena
- Second half of the course
- Were looking at police powers from the point of view of the police
PLAIR W5L2 15.10.2014
- Interpretative duty on the courts.
- When they are interpreting any provision of law they must try to do so in
a way which is compatible with convention rights.
- No necessit
Mcdonald v Burns 1940
- Argued not only the contravention of the statute of their prder but the decision
taken to dismiss them had been riddled with procedural impropriety.
o A mere irregularity in the proceeding is
PLAIR W1L1 16.9.2014
PLAIR- regulative dimension of public law- how are the limits on legal bodies
imposed. How does the law restrict public authorities in a very broad sense.
- That public bodies are