Public Law - Sources of UK Constitution IV - Case Law II
- Created by: Alasdair
- Created on: 12-11-20 21:13
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- Sources of UK Constitution IV - Case Law II
- Judicial review of executive actions
- Mechanism which enables courts to ensure Government and other public bodies exercise powers which they have been granted in proper way and do not breach rule of law
- Role played by High Court in ensuring Government and other public bodies act within powers they have been granted by Parliament
- St Helen's Borough Council v Manchester Primary Care Trust [2008] EWCA Civ 931
- May LJ defined function of court in judicial review proceedings as being to review decisions of statutory and other public authorities:
- 'to see that they are lawful, rational and reached by a fair process'
- May LJ defined function of court in judicial review proceedings as being to review decisions of statutory and other public authorities:
- UK doesn't have written constitution creating 'higher authority' against which individual pieces of legislation may be measured
- Led to, along with doctrine of Parliamentary supremacy, courts in UK don't have power to review constitutionality of legislation
- Courts do have ability to review way in which public bodies exercise powers which Parliament conferred upon them.
- Constitutionally important because it enables courts to hold executive (ie Government) to account for its actions.
- Prevents government acting in arbitrary, illegal or irrational manner
- Ensures decisions are taken in fair and unbiased way.
- Interpretation of statute
- Judiciary make decisions of constitutional significance when interpreting statute law
- Particularly case with European Communities Act 1972 and Human Rights Act 1998
- R v Secretary of State for Transport, ex p Factortame Ltd (No 1)
- House of Lords effectively suspended operation of an Act of Parliament where Act was in conflict with EU Law
- Thoburn v Sunderland City Council
- Lord Justice Laws commented:
- suggested hierarchy of Acts of Parliament, making distinction between 'ordinary' statues' and 'constitutional' statues
- Lord Justice Laws commented:
- Judiciary make decisions of constitutional significance when interpreting statute law
- Conclusion
- Judiciary been able to change and shape development of constitution through:
- development of common law
- growth of judicial review
- interpretation of statutes
- Case law is 'flexible'
- subject to doctrine of judicial precedent, judges exercise measure of discretion in deciding cases before them, and case law can reflect changing social, economic and moral standards in society.
- If Parliament or Government takes issue with case law developing law in particular direction
- Act of Parliament can be passed which will override any pre-existing case law
- Judiciary been able to change and shape development of constitution through:
- Judicial review of executive actions
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