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Chapter

Cover Essential Cases: Public Law

Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Jonathan Cape Ltd [1976] QB 752, before the High Court (Queen’s Bench Division). This case concerns the constitutional convention of collective Cabinet responsibility which requires, inter alia, that Cabinet discussions remain secret, whether the publication of a diary detailing Cabinet discussions breached the convention, and what the constitutional consequences of any breach were. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Jonathan Cape Ltd [1976] QB 752, before the High Court (Queen’s Bench Division). This case concerns the constitutional convention of collective Cabinet responsibility which requires, inter alia, that Cabinet discussions remain secret, whether the publication of a diary detailing Cabinet discussions breached the convention, and what the constitutional consequences of any breach were. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Constitutional and Administrative Law

20. Freedom of assembly and public order  

This chapter considers laws governing freedom of assembly and public order in the UK. The discussion covers rights and freedoms, and the powers of the police to preserve the peace and maintain public order. The chapter examines the concept of a breach of the peace and the circumstances in which the police may take action to prevent a breach from occurring. The chapter also focuses on the Public Order Act 1986, including provisions on racially or religiously aggravated public order offences, and the control of public processions and assemblies. With regard to the latter, there is also some consideration as to how these public order powers are likely to be extended under the government’s Police, Crime, Sentencing and Courts Bill. Finally, the chapter examines statutory provisions specifically aimed at controlling or restricting demonstrations in the vicinity of Parliament.

Chapter

Cover Concentrate Questions and Answers Public Law

9. Freedom of expression  

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter moves on from the previous one to examine the freedom of expression. Under common law, freedom of speech is guaranteed unless the speaker breaks the law, but this is now reinforced by the right of free expression under the European Convention on Human Rights. The questions here deal with issues such as obscenity law and contempt of court; the Official Secrets Act; freedom of information; data protection; breach of confidence; and whether there is a right of privacy in English law.