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Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the bodies subject to judicial review and who can make claims for judicial review. An action for judicial review can be brought only against a body exercising a public function. If public authorities are carrying out a private function, they are not subject to judicial review, unless there is a public law element. Private bodies are, generally, not subject to judicial review unless it can be shown that they are carrying out a public function, such as administering a statutory scheme. If the judicial review concerns human rights, then the claim must be brought against a public authority. The Human Rights Act 1998 creates two kinds of public authorities: core public authorities and functional public authorities. Core public authorities are public authorities, such as government departments and the police force. Functional public authorities have private and public functions, but only their public functions are subject to the Act. The rules of standing in judicial review cases determine whether individuals or groups are permitted to challenge a decision of a public body. An individual or organization may bring a claim for judicial review only with the permission of the courts, which means that standing restricts the people and organizations that may bring a judicial review claim.

Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the bodies subject to judicial review and who can make claims for judicial review. An action for judicial review can be brought only against a body exercising a public function. If public authorities are carrying out a private function, they are not subject to judicial review unless there is a public law element. Private bodies are, generally, not subject to judicial review unless it can be shown that they are carrying out a public function, such as administering a statutory scheme. If the judicial review concerns human rights, then the claim must be brought against a public authority. The Human Rights Act 1998 creates two kinds of public authorities: core public authorities and functional public authorities. Core public authorities are public authorities, such as government departments and the police force. Functional public authorities have private and public functions, but only their public functions are subject to the Act. The rules of standing in judicial review cases determine whether individuals or groups are permitted to challenge a decision of a public body. An individual or organization may bring a claim for judicial review only with the permission of the courts, which means that standing restricts the people and organizations that may bring a judicial review claim.

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 Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. 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 Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. 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 Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. 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 Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. 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 Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. 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 Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. 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 Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. 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 Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, Court of Appeal. This case concerned whether Poplar Housing was a public body for the purposes of s. 6(3)(b) of the Human Rights Act 1998 (HRA). Public bodies are required to act in accordance with the HRA. 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 Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. 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 Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, in the Court of Appeal. This case concerned whether Poplar Housing was a public body for the purposes of s. 6(3)(b) of the Human Rights Act 1998 (HRA). Public bodies are required to act in accordance with the HRA. 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 Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. 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 YL v Birmingham City Council [2007] UKHL 27, House of Lords. This case is concerned with the identification of public bodies and public functions under s. 6(3)(b) of the Human Rights Act 1998. 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 Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, Court of Appeal. This case concerned whether Poplar Housing was a public body for the purposes of s. 6(3)(b) of the Human Rights Act 1998 (HRA). Public bodies are required to act in accordance with the HRA. 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 YL v Birmingham City Council [2007] UKHL 27, House of Lords. This case is concerned with the identification of public bodies and public functions under s. 6(3)(b) of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

Chapter

Benjamin Bowling, Robert Reiner, and James Sheptycki

This chapter explores some of the political myths about police and policing by reviewing the research evidence on police practice. It considers the police role in theory and practice by focusing on three questions: what is the police role? what do the police actually do? and how well do they do it? It explores the original historical purpose of the police, the governmental authority on which it is based, the role of public opinion, why people call the police, the role and effectiveness of the police in crime control, and in broader social functions. The chapter concludes that the core function of the police is best analysed not in terms of any of their social functions but rather the special character of the means the police can bring to bear. Underlying the diversity of situations to which the police are called is the core capacity to use legitimate coercive force.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter considers the requirements for a design to be protected, with particular reference to the requirement that there be a design. It begins by outlining the requirements for validity before turning to the definition of ‘design’ with respect to registered designs in the UK as well as unregistered designs, citing three key elements of this definition: appearance, features, and product. It also examines three types of design that are excluded from the very broad definition of design: designs dictated solely by technical function; designs for products that must be produced in a specific way to enable them to connect to another product; and designs that are contrary to morality or public policy.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter considers the requirements for a design to be protected, with particular reference to the requirement that there be a design. It begins by outlining the requirements for validity that are set out in Article 25(1) of the Community Design Regulation before turning to the definition of ‘design’ with respect to registered designs in the UK and the European Union as well as unregistered Community designs, citing three key elements of this definition: appearance, features, and product. It also examines three types of design that are excluded from the very broad definition of design: designs dictated solely by technical function; designs for products that must be produced in a specific way to enable them to connect to another product; and designs that are contrary to morality or public policy.

Book

Andrew Le Sueur, Maurice Sunkin, and Jo Eric Khushal Murkens

Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law. It provides clear and insightful commentary on the key institutions, legal principles, and conventions, and blends this with a carefully selected and diverse range of materials and case studies. Part I covers the fundamentals of the constitution. Part II examines the executive function including protecting rights, government and accountability Part III looks at the legislative function including primary and delegated legislation, European Union treaties, and legislative processes. Part IV considers judicial and dispute resolution functions in terms of the judiciary, tribunals, the ombuds human rights, and constitutional change; Part V examines the European Union, including th institutions of the European Union, joining and leaving the Union and European Law in the UK courts.