Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Case of Proclamations [1610] 77 ER 1352 12 Co Rep 74, King’s Bench. This classic public law case concerned whether the King could rule by proclamation, or whether he was required to rule through Parliament. It provides one of the core foundations of the law limiting the scope of the royal prerogative today. The document also includes supporting commentary and questions from author Thomas Webb.
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Case of Proclamations [1610] 77 ER 1352, 12 Co Rep 74, King’s Bench
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Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590, Court of Appeal
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ellen Street Estates, Limited v Minister of Health [1934] 1 KB 590, Court of Appeal. This case concerned whether provisions enacted by an earlier Westminster parliament could bind the legislative choices of future Westminster parliaments. The arguments of Wade and Jennings over Diceyan and ‘manner and form’ approaches to this issue are discussed. The document also includes supporting commentary and questions from author Thomas Webb.
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Case of Proclamations [1610] 77 ER 1352, 12 Co Rep 74, King’s Bench
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Case of Proclamations [1610] 77 ER 1352 12 Co Rep 74, King’s Bench. This classic public law case concerned whether the King could rule by proclamation, or whether he was required to rule through Parliament. It provides one of the core foundations of the law limiting the scope of the royal prerogative today. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
R (on the application of Evans) and another v Attorney General [2015] UKSC 21, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Evans and another) v Attorney General [2015] UKSC 21, Supreme Court. This case concerns whether Parliament can have intended for a statutory provision to allow a member of the executive to overturn the decision of a court without good, clearly articulated reasons (Lord Mance), or contrary to constitutional principle (Lord Neuberger). The document also includes supporting commentary and questions from author Thomas Webb.
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Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court
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.
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Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords. This case, read together with the War Damage Act 1965, outlines the capacity of Parliament to enact retroactive legislation. The case note discusses this in the context of the rule of law and parliamentary sovereignty. The document also includes supporting commentary and questions from author Thomas Webb.
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Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590, Court of Appeal
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ellen Street Estates, Limited v Minister of Health [1934] 1 KB 590, Court of Appeal. This case concerned whether provisions enacted by an earlier Westminster parliament could bind the legislative choices of future Westminster parliaments. The arguments of Wade and Jennings over Diceyan and ‘manner and form’ approaches to this issue are discussed. The document also includes supporting commentary and questions from author Thomas Webb.
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R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords
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 the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Secretary of State could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. It raises questions as regards the limits of the prerogative power, and the separation of powers in the United Kingdom’s constitution. The document also includes supporting commentary and questions from author Thomas Webb.
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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))
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.
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R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords
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 the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Secretary of State could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. It raises questions as regards the limits of the prerogative power, and the separation of powers in the United Kingdom’s constitution. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
R (on the application of Evans) and another v Attorney General [2015] UKSC 21, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Evans and another) v Attorney General [2015] UKSC 21, Supreme Court. This case concerns whether Parliament can have intended for a statutory provision to allow a member of the executive to overturn the decision of a court without good, clearly articulated reasons (Lord Mance), or contrary to constitutional principle (Lord Neuberger). The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
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))
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
Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court
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
Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords. This case, read together with the War Damage Act 1965, outlines the capacity of Parliament to enact retroactive legislation. The case note discusses this in the context of the rule of law and parliamentary sovereignty. The document also includes supporting commentary and questions from author Thomas Webb.
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5. Parliamentary sovereignty, the European Union, and Brexit
This chapter explains the process and significance of the UK’s membership of the EU and of its subsequent departure from the EU. The chapter sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the Brexit process, the establishment of a stable legal system in the UK post-Brexit, looking in particular at the creation of retained EU law as provided for by the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act 2020, and the future relationship between the UK and the UK, as established by the Trade and Cooperation Agreement.
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9. The European Union and Brexit
This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.
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1. Introduction to constitutional law
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
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6. Parliamentary sovereignty
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the devolution of the legislative process.
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4. Europe and the English legal system
This chapter examines the two principal European sources of law (namely EU Law and the European Convention on Human Rights) and their effect upon the UK’s legal system. It notes the institutions that form the EU and the differing forms of EU law. The effects of EU membership upon parliamentary sovereignty are discussed, noting that EU law has taken precedence over domestic law since 1973, so an Act of Parliament may be suspended by the courts if it fails to comply with EU law. The chapter then discusses the European Convention on Human Rights and the rights protected under it. Finally, the chapter discusses the domestic enforcement of the Convention by discussing in detail the provisions of the Human Rights Act 1998.
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12. The Relationship between Parliament, the Executive and the Judiciary
Alison L. Young
When examining the recent evolution of the Constitution, it is argued that the UK has become more ‘legal’ as opposed to ‘political’. The last twenty years has seen a growth in legislation and case law, particularly that of the Supreme Court, regulating aspects of the UK constitution. This chapter investigates this claim. It argues that, whilst we can point to a growth in both legislation and case law, when we look at the case law more closely we can see that the courts balance an array of factors when determining how far to control executive actions. These factors include an analysis of the relative institutional features and constitutional role of the legislature, the executive and the courts. This evidence, in turn, questions the traditional understanding of the separation of powers as a hidden component of the UK constitution. It is not the case that courts merely balance the rule of law and parliamentary sovereignty in order to determine how far to control executive actions. Rather, the courts determine how to make this balance through the lens of the separation of powers, evaluating institutional and constitutional features. In doing so, they are upholding necessary checks and balances in the UK constitution.
