Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary from author Thomas Webb.
12
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary from author Thomas Webb.
Chapter
This chapter begins by discussing the origins and meaning of the term ‘royal prerogative’. It identifies some examples of prerogative powers and considers how certain personal or reserve powers of the monarch might be exercised in practice. The chapter also explores the relationship between prerogative power and statutes, and focuses on how the courts have dealt with the prerogative. The chapter also discusses the adaptation of prerogative powers, the relationship between the prerogative and the courts, and the courts’ recent willingness to review the exercise of certain prerogative powers. The chapter concludes by looking at several ways in which the prerogative could be reformed.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). This case note is concerned primarily with the distinction between ordinary and constitutional statutes, and what happens where two constitutional statutes are in conflict. The document also includes supporting commentary from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in British Railways Board v Pickin [1974] AC 765, House of Lords. The case concerned the unwillingness of the courts to look behind the process by which statutes were enacted by Parliament. The case note explores the wider implications of this position in the context of debate between orthodox and alternative conceptions of parliamentary sovereignty, and the notion of constitutional statutes. The document also includes supporting commentary from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). This case note is concerned primarily with the distinction between ordinary and constitutional statutes, and what happens where two constitutional statutes are in conflict. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in British Railways Board v Pickin [1974] AC 765, House of Lords. The case concerned the unwillingness of the courts to look behind the process by which statutes were enacted by Parliament. The case note explores the wider implications of this position in the context of debate between orthodox and alternative conceptions of parliamentary sovereignty, and the notion of constitutional statutes. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). This case note is concerned primarily with the distinction between ordinary and constitutional statutes, and what happens where two constitutional statutes are in conflict. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in British Railways Board v Pickin [1974] AC 765, House of Lords. The case concerned the unwillingness of the courts to look behind the process by which statutes were enacted by Parliament. The case note explores the wider implications of this position in the context of debate between orthodox and alternative conceptions of parliamentary sovereignty, and the notion of constitutional statutes. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty, and for this reason remains relevant notwithstanding the UK’s departure from the European Union. The document also includes supporting commentary from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty, and for this reason remains relevant notwithstanding the UK’s departure from the European Union. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty, and for this reason remains relevant notwithstanding the UK’s departure from the European Union. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
In this chapter administrative law is considered in its wider constitutional context. In the absence of a codified constitution the twin doctrines of parliamentary sovereignty and the rule of law set out by Professor Dicey in the late nineteenth century continue to elucidate much of the relationship between Parliament and the courts. The question of constitutional accountability under the convention of individual ministerial responsibility is explored with reference to the Westminster and Whitehall models. This chapter proceeds to emphasise the relative importance of the separation of powers as an integral part of the rule of law and judicial independence and presents a comparison with the situation in the USA which has a strict separation of powers written into its constitution. The emerging influence of supra-national law on constitutional practice, particularly since the Human Rights Act 1998 came into force, comprises part of this analysis.
12
