Book

Cover Essential Cases: Public Law
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the most influential, landmark cases in public law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Thomas Webb, including the wider questions raised by the decision for you to consider.

Book

Cover Essential Cases: Public Law
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in public law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Thomas Webb, including his assessment of the wider questions raised by the decision for you to consider.

Chapter

Cover Public Law

19. Judicial Review  

highlights a danger, in practice, even in cases such as the WDM case, the courts are very careful to ensure that claimants have an arguable case on the law. In WDM , for example, the

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Cover Administrative Law

3. The Status of Unlawful Administrative Action  

Mark Elliott and Jason Varuhas

[On ‘Wednesbury unreasonableness’, see 8.2.1 The Wednesbury and GCHQ cases 8.2.1.] This is the essential constitutional underpinning of the statute based part of our administrative

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Cover Administrative Law

18. Statutory Tribunals  

Mark Elliott and Jason Varuhas

on the broad essentials which the procedure, in this wider sense, should contain, for example provision for notice of the right to apply to a tribunal, notice of the case which the appellant

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Cover Administrative Law

10. Procedural Fairness  

Mark Elliott and Jason Varuhas

auditor acted fairly in all the circumstances. It is easy to envisage cases where an oral hearing would clearly be essential in the interests of fairness, for example where an objector states

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Cover Administrative Law

8. Abuse of Discretion II  

Mark Elliott and Jason Varuhas

illustrates. The case concerned an unsuccessful challenge to the lawfulness of UK government allocations of EU funds to different parts of the country, the essential argument being that

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Cover Public Law

20. Using Human Rights in the United Kingdom Courts  

Begum case, see Section 4. Case Study: The Denbigh High School Case—School Uniforms and the Right to Manifest One’s Religion 4 , ‘Case Study: The Denbigh High School Case—School

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Cover Administrative Law

13. The Judicial Review Procedure  

Mark Elliott and Jason Varuhas

procedural public law, be left to be decided on a case to case basis—a process that your Lordships will be continuing in the next case in which judgment is to be delivered today [ Cocks

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Cover Public Law

16. Introduction to Judicial and Dispute Resolution Functions  

criminal cases and some civil matters. The Crown Court The Crown Court deals with more serious criminal cases, such as murder, rape, or robbery. It also handles cases on appeal

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Cover Administrative Law

14. Restriction of Remedies  

Mark Elliott and Jason Varuhas

on the merits of the case is something quite different from judicial determination of the legality of the whole matter. This is merely to restate the essential difference between review

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Cover Public Law

10. Prerogative Powers  

The GCHQ case The first was the decision in Council of Civil Service Unions v Minister for the Civil Service (the GCHQ case). 43 In this case, the civil service unions

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Cover Administrative Law

9. Bias, Impartiality, and Independence  

Mark Elliott and Jason Varuhas

was disclosed to put Mrs. Emmanuel to her election. We disagree. The essentials of the conflict of interest case that is now relied on were to be found in the press cutting. Mrs. Emmanuel

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Cover Public Law

17. The Judiciary  

entrusted to them by Parliament and which are essential in a democratic society that is committed to the rule of law ’. 31 In the Craig Sweeney case, a judge was widely criticized for imposing

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6. Legitimate Expectations  

Mark Elliott and Jason Varuhas

Lord Drummond Young for the Court said (at [18]): For a case based on legitimate expectations to exist, it is essential that there should be an expectation based on a statement from

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4. The Scope of Public Law Principles  

Mark Elliott and Jason Varuhas

context is to beg the question. But I do not think it does. The essential distinction, which runs through all the cases to which we referred, is between a domestic or private tribunal

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16. Delegated Legislation  

Mark Elliott and Jason Varuhas

Part ii, sec 2–6), ‘all civil laws are general, and regard alone some essential circumstances of the case, without taking into consideration the characters, situations, and connexions

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15. Liability of Public Authorities  

Mark Elliott and Jason Varuhas

special damage has either been expressly recognised as an essential ingredient, or it has been assumed. None of these cases (and no authority, judicial or academic, cited to the House)

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Cover Administrative Law

7. Abuse of Discretion I  

Mark Elliott and Jason Varuhas

with Article 8 the police would have to exercise their discretion on a case-by-case basis and in each case assess whether retention of an individual’s data was a proportionate and

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Cover Administrative Law

12. Remedies  

Mark Elliott and Jason Varuhas

(c) all the circumstances of the case, it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be. It should be noted